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THE

WAR OF THE REBELLION

A COMPILATION OF THE

OFFICIA.I. RECORIDS

UNION AND CONFEDERATE ARMIES.

PUBLISHED L'NDfnt THE DIRKCTION OF

The Hon. XiLIHU ROOT, Secretary of War,
BY

BRIG. GEN. FRED C. AINSWORTH,
Chief of tiik Record and Pexsion Offick, War Department,

A-M)

MR. JOSEPH W. KIRKLEY.

SERIES IV— VOLUME I.

Section 1

WASHINGTON:

GOVERNMENT PRINTING OFFICE.
1000.

CONTENTS.

Page.

Correspondence, Orders, et c, from December 20, 1860, to J nue 30, 1862 1-1176

VII

1861.

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PREFACE,

Tlie work of preparing the records of the war for public use was
beyuii, under the resolutiou of Congress of May 19, 1864, by Col. E. D.
Townsend, assistant adjutant-general, U. S. Army (then in charge of
the Adjutant-General's Oflfice, and subsequently the Adjutant-General),
who caused copies to be made of rei)orts of battles on file in his office
and steps to be taken to collect missing records.

Under the provisions of joint resolution of July 27, 186G, Hon. Peter
H. Watson was appointed to supervise the preparation of the records
and to formulate a plan for their publication, but he performed no
service under this appointment, which expired July 27, 1808, by limi-
tation. This resolutiou having also repealed the former one, the project
was suspended for tlie time being.

The first decisive step taken \va« the act of June 23, 1874, providing
the necessary means "to. enable the Secretary of War to begin the
publication of the Official Eecords of the War of the Eebellion, both
of the Union and Confederate Arn)ies," and directing him "to have
copied for the Public Printer all reports, letters, telegrams, and gen-
eral orders, not heretofore copied or printed, and properly arranged in
chronological order." Appropriations have been made from time to
time for continuing such preparation. Under this act the preliminary
work was resumed by General Townsend.

Subsequently, under meager appropriations, it was prosecuted in
a somewhat desultory manner by various subordinates of the War
Department until December. 14, 1877, when the Secretary of War,
perceiving that the undertaking needed the undivided attention of
a single head, detailed Capt. Kobert N. Scott, Third U. S. Artillery
(subsequently major and lieuteuant-colonel same regiment), to take
charge of the office.

The act of June 23, 1874, enlarged ui)on the first scheme of publica-
tion. On this more comprehensive basis it was determined that the
volumes should include not only the battle reports, correspondence,
etc., in possession of the War Department, but also "all official docu-
ments that can be obtained by the compiler, and that appear to be of
any historical value." Colonel Scott systematized the work, and, upon
his recommendation, the Secretary of War approved the following
order of publication :

The first series will embrace the formal reports, both Union and Confederate, of
the first seizures of United States property in the Southern States, and of all military
operations iu the tield, with the correspondence, orders, and returns relating specially
thereto, and, as proposed, ia to be accompanied by an Atlas.

IV PREFACE.

In this series tbe reports vrill be arranged according to the campaigns and eeveral
theaters of operations (in the chronological order of events), and the Union reports
of any event will, as a rule, be immediately followed by the Confederate accounts.
The correspondence, etc., not embraced in the "reports" proper will follow (first
Union and next Confederate) in chronological order.

Tbe second series will contain tbe correspondence, orders, reports, and returns,
Union and Confederate, relating to prisoners of war, and (so far as the military
authorities were concerned) to state or political prisoners.

The third series will contain the correspondence, orders, reports, and returns of
the Union authorities (embracing their correspondence with the Confederate offi-
cials) not relating specially to the subjects of the first and second series. It will
set forth the annual and special reports of the Secretary of War, of the General-
in-Chief, and of the chiefs of the severil staif corps and departments ; the calls
for troops, and the correspondence between the National and the several State
authorities.

The funrth scries will exhibit the correspondence, orders, reports, and returns of
the Confederate authorities, similar to that indicated for the Union officials, as of the
third series, but excluding the correspondence between the Union and Confederate
authorities given in that series.

The first volome of tbe records was issued in tlie early fall of 1880.
The act approved June 16, 1880, provided "for tbe printing and bind-
ing, under direction of tbe Secretary of War, of 10,000 copies of a com-
pilation of tbe Olilicial Records (Union and Confederate) of tbe War of
tbe Eebellion, so far as tbe same may be ready for publication, during
tbe fiscal year;" and tbat '■ of said number 7,000 copies sball be for tbe
use of tbe House of Eepresentatives, 2,000 copies for tbe use of tbe
Senate, and 1,000 copies for tbe use of the Executive Departments."
Under this act Colonel Scott proceeded to publish the first five volumes
of the lecords.*

"AH subsequent volumes have been distributed under the act approved August 7,
18S2, which provides that:

"The volumes of the Official Records of the War of the Rebellion shall be dis-
tributed as follows: One thousand copies to the Executive Departments, as now
provided by law. One thousand copies for distribution by the Secretary of War
among officers of the Army and contributors to the work. Eight thousand three
hundred copies shall be sent by the Secretary of War to such libraries, organiza-
tions, and individu.ils as may be design.ated by the Senators, Representatives, and
Delegates of the Forty-seventh Congress. Each Senator shall designate not exceed-
ing twenty-six, and each Representative and Delegate'not exceeding twenty-one, of
such addresses, and the volumes shall be sent thereto from time to time as they are
published, until the publication is completed. Senators, Representatives, and Dele-
gates shall inform the Secretary of War in each case how many volumes of those
heretofore published they have forwarded to such addresses. The remaining copies
of the eleven thousand to be published, and all sets that may not be ordered to be
distributed as provided herein, shall be sold by the Secretary of AVar for cost, of
publication with ten per cent, added thereto, and the proceeds of such sale shall be
covered into the Treasury. If two or more sets of said volnmes are ordered to the
same address, the Secretary of War shall inform the Senators, Representatives, or
Delegates who have designated the same, who thereupon may designate other
libraries, organizations, or individuals. The Secretary of War shall report to the
first session of the Forty-eighth Congress what volumes of the series heretofore
]iublished have not been furnished to such libraries, organizations, and individuals.
Ho shall also inform distributees at whose instance tlie volumes are sent."

PREFACE. V

Colonel Scott died Marcli 5, 18S7, At bis deatb some twenty-six
books only bad been issued, but be had compiled a large amount of
matter for fortbcoming volumes; consequently bis name as compiler
was retained in all tbe books up to and including Vol. XXXVI,
although bis successors bad added largely to his compilations from
new material found after his demise.

The Secretary of War, May 7, 1887, assigned Lieut, Col. H. M. Lazelle,
Twenty-third U. S. Infantry, to duty as the successor of Colonel Scott.
He bad continued in charge about two years, when, in the act approved
March 2, 1889, it was provided —

That hereafter the preparation and pnblicatiou of said records shall be conducted,
under the Secretary of War, by a board of three persons, one of ■whom shall be an
officer of the Army, and two civilian experts, to be appointed by the Secretary of
AVar, the compensation of said civilian experts to be fixed by the Secretary of War.

The Secretary of War appointed Maj. George B. Davis, judge-advo-
cate, IT. S. Army, as tbe military member, and Leslie J. Perry, of Kan-
sas, and Joseph W. Kirkley, of Maryland, as the civilian expert mem-
bers of said board. The board assumed direction of the publication at
tbe commencement of tbe fiscal year 1889, its first work beginning with
Serial No. 36 of Vol. XXIV,

July 1, 1895, by direction of tbe Secretary of War, Maj. George W.
Davis, Eleventh U. S. Infantry (subsequently lieutenant-colonel Four-
teenth U. S. Infantry), relieved Maj, George B, Davis as the military
member and president of tbe Board of Publication. Subsequently
Col. Fred C. Ainsworth, Chief of the Eecord and Pension Office, War
Department, was appointed the military member and president of the
board, relieving Lieut. Col. George W. Davis June 1, 1898.

December 1, 1898, under the provision of the sundry civil act of
July 1, 1898, relative to the War Eecords Office, the Board of Publica-
tion was dissolved, whereupon, by direction of the Secretary of War,
the continuance of the work, beginning with Vol. VI, Series II, devolved
on Colonel (now Brigadier-General) Ainsworth.

By operation of law (contained in "An act making appropriations
for the legislative, executive, and judicial expenses of the Government
for the fiscal year ending June 80, 1900," approved Febrflary 24, 1899),
the War Records Office was merged into tbe Eecord and Pension
Office, July 1, 1809, and since that date the work of publication has
been conducted under tbe supervision of the chief of that office.

Each volume includes a copious index, and for the further conven-
ience of investigators there will be, in addition, a separate general
index to the entire set.

Xothing is printed in these volumes except duly authenticated con-
temporaneous records of the war. Tbe scope of the comiiiler's work is
to decide upon and arrange tbe matter to be published; to correct and
verify the orthography of the papers used, and, wherever deemed neces-
sary, to add a foot-note of explanation.

THE

WAR OF THE REBELLION:

A COMPILATION OF THE
OFFICIAL KECORDS

OK THK

UNION AND CONFEDERATE ARMIES.

ADDITIONS AND CORRECTIONS

SEEIES IV -VOLUME I.

(To be inserted in the volume. For explanation see Greneral
Index volume. Serial No. 130, page XXVIII.)

PaBLISHED UNDEK THE DIRKCTION OF

The Hon. ELIHtT BOOT, Secretary of War,

BY *

BRIG. GEN. FRED C. AINSWORTH.
Chibi' of the Ekcord and Pension' Office, War Department,

AND *

MR. JOSEPH W. KIRKLEY.

nr. JOHN S. mOODEV, Indexer.

WASHINGTON:

OOVEENMENT PRINTING OFFIOK.

1902.

ADDITIONS AND OOBRECTIONS.

TEXT.

Page 207. Ninth line, top, insert after assent the word io.

INDEX.

Insert all words and figures in italics and strike out all in [brackets].

Alabama Troops (C).

Infantry — Battalions;
Conoley's [4th].
Barham [Barkham], R. G.
Bonaparte, Charles L. N , 10^4.
[Bowlegs, Billy (Indian), 523.]
Chapman, Alfred B.
Chekote [Checote], Samuel.
Dupr^, Lucius [Lucien] J.
Florida, C. S. S., 1175.
Griswold, Elias [Captain].
Hanckel,_/oAn [Captain].
Lamar, G. B., sr.
McGehee, John C.

Mentioned, 6r2 [McGehee, John H., 612].

Oreto, Steamer. See C. S. S. Florida [1175].
Preston, John S.

Assignments, /104 [iioi].
Radford, Richard [Robert] C. W.
Scai/e [Schaife], James W.
Sloan, y. [James] B. E.
Vandivere, A. E. [Vandiven, Elder].
War Department, C. S.

Correspondence :
Barham [Barkham], R. G.
Lamar, G. B., sr.
Whitthorne, JVaskington [William] C.

SERIES IV-VOL. I.

CORRESPONDENCE, ORDERS, REPORTS. AND RETURNS OF
THE CONFEDERATE AUTHORITIES, DECEMBER 20, 1860-
JUNE 30, 1862.*

AN ORDINANCE to dissolve the nnioii between the State of South Carolina and
other States united with her under the compact entitled " The Constitution of
the United States of America."

We, the people of the State of South Carolina, in convention assem-
bled, do declare and ordain, and it is hereby declared and ordained,
That the ordinance adopted by us in convention on the twenty-
1 .ird day of May, in the year of our Lord one thousand seven hun-
dred and eighty-eight, whereby the Constitution of the United States
of America was ratified, and also all acts and parts of acts of the
-eneral Assembly of this State ratifying amendments of the said
Constitution, are hereby repealed; and that the union now subsisting
'/Ctween South Carolina and other States, under the name of the
"United States of America," is hereby dissolved.

Done at Charleston the twentieth day of December, in the year of
our Lord one thousand eight hundred and sixty.

January 2, 1861.
His Excellency A. B. Moore :

Sir: In obedience to your instructions I repaired to the seat of gov-
ernment of the State of Louisiana to confer with the Governor of that
State and with the legislative department on the grave and important
state of our political relations with the Federal Government, and the
duty of the slave-holding States in the matter of their rights and
honor, so menacingly involved in matters connected with the institu-
tion of African slavery. Owing to the fact that the Legislature was
in session only three days, and other unavoidable causes, I did not
arrive at Baton Rouge until after the Legislature had adjcTurned. But
I met many members of the legislative corps, and communicated with
them and with His Excellency Governor T. O. Moore on the purposes
of my embassy, and have the pleasure to report that the legislative
mind appeared fully alive to the importance and the absolute neces-
sity of the action of the Southern States in resistance of that settled
purpose of aggression on our constitutional and inherent natural
rights by the majority of the people of the non-slave-holding States of
the Federal Union, which purpose and intention has culminated ia

* The letters-sent books of the C. S. War Department from May 33 to September
12. 1862, were never received by the U. S. authorities. This will explain the want
of continuity in the letters from that ofl&ce covering the period mentioned.

(1)
1 R R — SERIES IV, VOL I

2 COKEESPONDENCE, ETC.

the election of a man to the Presidency of the United States whose
opinions and constructions of constitutional duty are wholly incom-
patible with our safety in a longer union with them. In evidence of
such a conclusion the Legislature of Louisiana have provided for a
convention of the people to consider and take action on the matter,
the election of delegates to which takes place on the 7th instant,
and the convention assembles on the 23d instant. I was rejoiced to
find the Governor fully up to the conclusion that the time had come
when the enjoyment of peace and our rights as coequals in this con-
federacy were no longer to be expected or hoped for, and that the
solemn duty now devolved upon us of separating from all political
connection with the States so disregarding their constitutional obli-
gations, and of forming such a government as a high sense of our
rights, honor, and future peace and safety shall indicate. And that,
although the sense of the necessity of such a course may not yet be
so nearly general and unanimous in Louisiana as in some other
States, he was of the opinion that the conclusion was hourly gaining
ground that there was no hope of justice or safety to us except in a
separation, and that the State of Louisiana would not hesitate to
co-operate with those Southern States who might prove equal to the
emergency of decided action.

The State of Louisiana, from the fact that the Mississippi River
flows through its extent and debouches through her borders, and that
the great commercial depot of that river and its tributaries is the city
of New Orleans, occupies a position somewhat more complicated than
any other of the Southern States, and may present some cause of
delay in the consummation and execution of the purpose of a separa-
tion from the Northwestern States and the adoption of a new political
status. In consideration of these facts, more time may be required
for reflection than might otherwise ap;f»ear necessary, and as the con-
vention does not assemble for some weeks, that may prevent action on
the question until some time in February. As a point of policy it
might be advisable for the State of Alabama to announce her intention
as a foregone conclusion, a fixed fact, that on a day appointed our
relations as a member of the political association known as the United
States had ceased, and that Alabama, acting as a sovereign for her-
self in the act of separation, was prepared to form such political
relations with States having a community of interest and sympathies
as to them may .seem just and proper. I feel assured that by such a
course of respectful delay on our part other States would more
promptly respond to whatever action Alabama may take, and that
there is little i)r no doubt but that Louisiana' will oo-operate with the
States taking action, and so add dignity and importance to the move-
ment which is so essential to secure the respect and recognition of
foreign nations and the support of hesitating States. Should it be
considered advisable by Your Excellency to communicate further with
the authorities of the State of Louisiana after her convention shall
have assembled, I will be in Mobile, and can receive readily by mail
or telegraph any instructions you may deem it advisable to make, and
I will without delay endeavor to discharge them.

Trusting that the time has come when not only Alabama but the
entire South will prove prepared to vindicate her honor by a fearless
assertion of her rights and her determination to enjoy them.
Most respectfully, your obedient servant, &c.,

JOHN A. WINSTON.

CONFEDERATE AUTHORITIES. 6

[Janttaky 2, 1861. — For Governor Brown, of Georgia, to Governors
Moore, of Alabama, Perry, of Florida, Moore, of Louisiana, and
Pettus, of Mississippi, in regard to occupation of Fort Pulaski and
other forts, see Series I, Vol. LIII, p. 114.]

KiNLOCH, Ala., January 3, 1860 \^1861'].
Governor Anbrew B. Moore :

My Dear Sir : On receipt of your letter and appointment as com-
missioner from Alabama to Arkansas, I repaired at once to Little Rock
and presented my credentials to the two houses, and also your letter
to Governor Rector, by all of whom I was politely received. The
Governor of Arkansas was every way disposed to further our views,
and so were many leading and influential members of each house of
the Legislature, but neither are yet ready for action, because they fear
the people have not yet made up their minds to go out. The counties
bordering on the Indian nations — Creeks, Cherokees, Choctaws, and
Chickasaws — would hesitate greatly to vote for secession, and leave
those tribes still under the influence of the Government at Washing-
ton, from which they receive such large stipends and annuities.
These Indians are at a spot very important, in my opinion, in this
great sectional controversy, and must be assured that the South will
do as well as the North before they could be induced to change their
alliances and dependence. I have much on this subject to say when
I get to Montgomery, which cannot well be written. The two houses
passed resolutions inviting me to meet them in the representative hall
and consult together as to what had best be done in this matter.
When I appeared men were anxious to know what the seceding States
intended to do in certain contingencies. My appointment gave me no
authority to speak as to what any State would do, but I spoke freely
of what, in my opinion, we ought to do. I took the ground that no
State which had seceded would ever go back without full power being
given to protect themselves by vote against anti-slavery projects and
schemes of every kind. I took the position that the Northern people
were honest and did fear the Divine displeasure, both in this world
and the world to come, by reason of what they considered the national
sin of slavery, and that all who agreed with me in a belief of their sin-
cerity must see that we could not remain quietly in the same Govern-
ment with them. Secondly, if they were dishonest hypocrites, and
only lied to impose on others and make them hate us, and used anti-
slavery arguments as mere pretexts for the purpose of uniting North-
ern sentiment against us, with a view to obtain political power and
sectional dominion, in that event we ought not to live with them. I
desired any Unionist present to controvert either of these positions,
which seemed to cover the whole ground. No one attempted either,
and I said but li*^tle more. I am satisfied, from free conversations
with members of all parties and with Governor Rector, that Arkan-
sas, when compelled to choose, will side with the Southern States, but
at present a majority would vote the Union ticket. Public sentiment
is but being formed, but must take that direction.
I have the honor to be, truly, &c.,

DAVID HUBBARD.

4 correspondence, etc.

[January 3(?), 1861.]
His Excellency A. B. Moore,

Governor of the State of Alabama:

Under the authority of the commission with which you honored me
I repaired to the city of Frankfort, in the State of Kentucky, on the
26th day of December last. The Legislature of that State was not in
session, and no extra session had then been called by the Governor, so
that I had no opportunity of conferring with the legislative depart-
ment of the government. I was, however, most cordially received by
the Governor, and immediately opened a consultation with His Excel-
lency Beriah MagoflBn, the Governor of the State of Kentucky.

The nature and result of that consultation is fully disclosed by the
official correspondence between us, herewith submitted for your con-
sideration. On the day after my arrival the Governor issued his
proclamation convening the Legislature in extra session on the 17th
day of January, " to take into consideration the interests of the Com-
monwealth, as the same may be involved in or connected with the
present distracted condition of our common country."

Receive assurances of the highest consideration and esteem of your
friend and obedient servant,

S. F. HALE.

[iDclosure !No. 1.]

Frankfort, December 27, 1860.
His Excellency B. Magoffin,

Governor of the Commonwealth of Kentucky :

I have the honor of placing in your hands herewith a commission
from the Governor of the State of Alabama, accrediting me as a com-
missioner from that State to the sovereign State of Kentucky, to con-
sult in reference to the momentous issues now pending between the
Northern and Southern States of this confederacy. Although each
State, as a sovereign political community, must finally determine these
grave issues for itself, yet the identity of interests, sympathy, and
institutions, prevailing alike in all of the slave-holding States, in the
opinion of Alabama renders it proper that there should be a frank and
friendly consultation by each one with her sister Southern States
touching their common grievances and the measures necessary to be
adopted to protect the interest, honor, and safety of their citizens. I
come, then, in a spirit of fraternity, as the commissioner on the part
of the State of Alabama, to confer with the authorities of this Com-
monwealth in reference to the infraction of our constitutional rights,
wrongs done and threatened to be done, as well as the mode and
measure of redress proper to be adopted by the sovereign States
aggrieved to preserve their sovereignty, vindicate their rights, and
protect their citizens. In order to a clear understanding of the appro-
priate remedy, it may be proper to consider the rights and duties, both
of the State and citizen, under the Federal compact, as well as the
wrongs done and threatened. I therefore submit for the considera-
tion of Your Excellency the following propositions, which I hope will
command your assent and approval:

1. The people are the source of all political power, and the primary
object of all good governments is to protect the citizen in the enjoy-
ment of life, liberty, and property; and whenever any form of govern-
ment becomes destructive of these ends, it is the inalienable right and
the duty of the people to alter or abolish it.

CONFEDERATE AUTHORITIES. 5

2. The equality of all the States of this confederacy, as well as the
equality of rights of aU the citizens of the respective States under the
Federal Constitution, is a fundamental principle in the scheme of the
federal government. The union of these States under the Constitu-
tion whs formed "to establish justice, insure domestic tranquillity,
provide for the common defense, promote the general welfare, and
secure the blessings of liberty to her citizens and their posterity; " and
when it is perverted to the destruction of the equality of the States, or
subtantially fails to accomplish these ends, it fails to achieve the pur-
poses of its creation, and ought to be dissolved.

3. The Federal Government results from a compact entered into
between separate, sovereign, and independent States, called the Con-
stitution of the United States, and amendments thereto, by which
these sovereign States delegated certain specific powers to be used by
that Government for the common defense and general welfare of all
the States and their citizens; and when these powers are abused, or
used for the destruction of the rights of any State or its citizens, each
State has an equal right to judge for itself as well of the violations
and infractions of that instrument as of the mode and measure of
redress; and if the interest or safety of her citizens demands it, may
resume the powers she had delegated without let or hindrance from
the Federal Government or any other power on earth.

4. Each State is bound in good faith to observe and keep on her
part all the stipulations and covenants inserted for the benefit of other
States in the constitutional compact f the only bond of union by which
the several States are bound together), and when persistently violated
by one party to the prejudice of her sister States, ceases to be obliga-
tory on the States so aggrieved, and they may rightfully declare the
compact broken, the union thereby formed dissolved, and stand upon
their original rights as sovereign and independent political communi-
ties; and further, that each citizen owes his primary allegiance to the
State in which he resides, and hence it is the imperative duty of the
State to protect him in the enjoyment of all his constitutional rights,
and see to it that they are not denied or withheld from him with
impunity by any other State or government.

If the foregoing propositions correctly indicate the objects of this
government, the rights and duties of the citizen, as well as the rights,
powers, and duties of the State and Federal Governments under the
Constitution, the next inquiry is, what rights hav^e been denied, what
wrongs have been done, or threatened to be done, of wliich the South-
ern States or the people of the Southern States can complain ?

At the time of the adoption of the Federal • Constitution African
slavery existed in twelve of the thirteen Stat,es. Slaves are recognized
both as property and as a basis of political power by the Federal com-
pact, and special provisions are made by that instrument for their pro-
tection as property. Under the influences of climate and other causes,
slavery has been banished from the Northern States; the slaves them-
selves have been sent to the Southern States and there sold, and their
price gone into the pockets of their former owners at the North.
And in the meantime African slavery has not only become one of the
fixed domestic institutions of the Southern States, but forms an impor-
tant element of their political power, and constitutes the most valuable
species of their property, worth, according to recent estimates, not less
than 14,000,000,000; forming, in fact, the basis upon which rests the
prosi)erity and wealth of most of these States, and supplying the com-
merce of the world with its richest freights, and furnishing the

6 C0EEE8P0NDENCE, ETC.

mamifactories of two continents with the raw material, and their
operatives with bread. It is upon this gigantic interest, this peculiar
institution of the South, that the Northern States and their people have
been waging an unrelenting and fanatical war for the last quarter of
a century; an institution with which is bound up not only the wealth
and prosperity of the Southern people, but their very existence as a
political community. This war has been waged in every way that
human ingenuity, urged on by fanaticism, could suggest. They attack
us through their literature, in their schools, from the hustings, in
their legislative haUs, through the public press, and even their courts
of justice forget the purity of their judicial ermine to strike down the
rights of the Southern slave-holder and override every barrier which
the Constitution has erected for his protection; and the sacred desk
is desecrated to this unholy crusade against our lives, our property,
and the constitutional rights guaranteed to us by the compact of
our fathers. During all this time the Southern States have freely
conceded to the Northern States and the people of those States every
right secured to them by the Constitution, and an equal interest in
the common territories of the Government; protected the lives and
property of their citizens of every kind, when brought within Southern
jurisdiction; enforced through their courts, when necessarj"^, every
law of Congress passed for the protection of Northern property, and
submitted ever since the foundation of the Government, with scarcely
a murmur, to the protection of their shipping, manufacturing, and
commercial interests, by odious bounties, discriminating tariffs, and
unjust navigation laws, passed by the Federal Government to the
prejudice and injury of their own citizens.

The law of Congress for the rendition of fugitive slaves, passed in
pursuance of an express provision of the Constitution, remains almost
a dead letter upon the statute book. A ma j ority of the Northern States,
through their legislative enactments, have openly nullified it, and
impose heavy fines and penalties upon all persons who aid in enforcing
this law, and some of those States declare the Southern slave-holder
who goes within their jurisdiction to assert his legal rights under the
Constitution guilty of a high crime, and affix imprisonment in the peni-
tentiary as the penalty. The Federal offtcers who attempt to discharge
their duties under the law, as well as the owner of the slave, are set upon
by mobs, and are fortunate if they escape withoTit serious injury to life
or limb ; and the State authorities, instead of aiding in the enforcement
of this law, refuse the use of their jails, and by every means which
unprincipled fanaticism can devise give countenance to the mob and
aid the fugitive to escape. Thus there are annuallylarge amounts of
property actually stolen away from the Southern States, harbored and
protected in Northern States and by their citizens ; and when a requisi-
tion is made for the thief by the Governor of a Southern State upon
the Executive of a Northern State, in pursuance of the express con-
ditions of the Federal Constitution, he is insultingly told that the
felon has committed no crime, and thus the criminal escapes, the
property of the citizen is lost, the sovereignty of the State is insulted,
and there is no redress, for the Federal courts have no jurisdiction
to award a mandamus to the Governor of a sovereign State to compel
him to do an official executive act, and Congress, Sf disposed, under
the Constitution has no power to afford a remedy. These are wrongs
under which the Southern people have long suffered, and to which
they have patiently submitted, in the hope that a returning sense of
justice would prompt the people of the Northern States to discharge

CONFEDERATE AUTHORITIES. 7

their constitutional obligations and save our common country.
Recent events, however, have not justified their hopes. The more
daring and restless fanatics have banded themselves together, have
put in practice the terrible lessons taught by the timid by making an
armed incursion upon the sovereign State of Virginia, slaughtering
her citizens, for the purpose of exciting a servile insurrection among
her slave population, and arming them for the destruction of their
own masters. During the past summer the abolition incendiary has
lit up the prairies of Texas, fired the dwellings of the inhabitants,
burned down whole towns, and laid poison for her citizens, thus
literally executing the terrible denunciations of fanaticism against
the slave-holder, "Alarm to their sleep, fire to their dwellings, and
poison to their food. "

The same fell spirit, like an unchained demon, has for years swept
over the plains of Kansas, leaving death, desolation, and ruin in its
track. Nor is this the mere ebullition of a few half-crazy fanatics, as
is abundantly apparent from the sympathy manifested all over the
North, where, in many places, the tragic death of John Brown, the
leader of the raid upon Virginia, who died upon the gallows a con-
demned felon, is celebrated with public honors, and his name canon-
ized as a martyr to liberty; and many, even of the more conservative
papers of the Black Republican school, were accustomed to speak of
his murderous attack upon the lives of the unsuspecting citizens of
Virginia in a half -sneering and half -apologetic tone. And what has
the Federal Government done in the meantime to protect slave prop-
erty upon the common territories of the Union? Whilst a whole
squadron of the American Navy is maintained on the coast of Africa
at an enormous expense to enforce the execution of the laws against
the slave-trade (and properly, too), and the whole Navy is kept afloat
to protect the lives and property of American citizens upon the high
seas, not a law has been passed by Congress or an arm raised by the
Federal Government to protect the slave property of citizens from
Southern States upon the soil of Kansas, the common territory and
common property of the citizens of all the States, purchased alike by
their common treasure, and held by the Federal Government, as
declared by the Supreme Court of the United States, as the trustee
for all their citizens; but, upon the contrary, a territorial govern-
ment, created by Congress and supported out of the common treas-
ury, under the influence and control of emigrant-aid societies and
abolition emissaries, is permitted to pass laws excluding and destroy-
ing all that species of property within her limits, tlms ignoring on
the part of the Federal Government one of the fundamental princi-
ples of all good governments — the duty to protect the property of the
citizen — and whoUy refusing to maintain the equal rights of the
States and the citizens of the States upon their common territories.

As the last and crowning act of insult and outrage upon the peo-
ple of the South, the citizens of the Northern States, by overwhelm-
ing majorities, on the 6th day of November last, elected Abraham
Lincoln and Hannibal Hamlin President and Vice-President of the
United States. Whilst it may be admitted that the mere election of
any man to the Presidency is not per se a sufficient cause for a disso-
lution of the Union, yet when the issues upon and circumstances
under which he was elected are properly appreciated and understood,
the question arises whether a due regard to the interest, honor, and
safety of their citizens, in view of this and all the other antecedent
wrongs and outrages, do not render it the imperative duty of the

8 COEEESPONDENCE, ETC.

Southern States to resume the powers they have delegated to the
Federal Government and interpose their sovereignty for the protec-
tion of their citizens.

What, then, are the circumstances under which and the issues upon
which he was elected ? His own declarations and the current history
of the times but too plainly indicate he was elected by a Northern
sectional vote, against the most solemn warnings and protestations of
the whole South. He stands forth as the representative of the fanati-
cism of the North, which, for the last quarter of a century, has been
making war upon the South, her property, her civilization, her insti-
tutions, and her interests; as the representative of that party which
overrides all constitutional barriers, ignores the obligation of official
oaths, and acknowledges allegiance to a higher law than the Consti-
tution, striking down the sovereignty and equality of the States, and
resting its claims to popular favor upon the one dogma — the equality
of the races, white and black.

It was upon this acknowledgment of allegiance to a higher law that
Mr. Seward rested his claims to the Presidency in a speech made by
him in Boston before the election. He is the exponent, if not the
author, of the doctrine of the irrepressible conflict between freedom
and slavery, and proposes that the opponents of slavery shall arrest
its further expansion, and by Congressional legislation exclude it
from the common territories of the Federal Go^rernment, and place
it where the public mind shall rest in the belief that it is in the course
of ultimate extinction. He claims for free negroes the right of suf-
frage and an equal voice in the Government; in a word, all the
rights of citizenship, although the Federal Constitution, as construed
by the highest judicial tribunal in the world, does not recognize
Africans imported into this country as Slaves or their descendants —
whether free or slaves — as citizens.

These were the issues presented in the last Presidential canvass,
and upon these the American people passed at the ballot box. Upon
the principles then announced by Mr. Lincoln and his leading friends
we are bound to expect his administration to be conducted. Hence
it is that in high places among the Republican party the election of
Mr. Lincoln is hailed not simply as a change of administration, but
as the inauguration of new principles and a new theory of govern-
ment, and even as the downfall of slavery. Therefore it is that the
election of Mr. Lincoln cannot be regarded otherwise than a solemn
declaration, on the part of a great majority of the Northern people,
of hostility to the South, her property, and her institutions; nothing
less than an open declaration of war, for the triumph of this new
theory of government destroys the property of the South, lays waste
her fields, and inaugurates all the horrors of a San Domingo servile
insurrection, consigning her citizens to assassinations and her wives
and daughters to "pollution and violation to gratify the lust of half-
civilized Africans. Especially is this true in the cotton-growing
States, where, in many localities, the slave outnumbers the white
population ten to one.

If the policy of the Republicans is carried out according to the
programme indicated by the leaders of the party, and the South sub-
mits, degradation and ruin must overwhelm alike all classes of citi-
zens in the Southern States. The slave-holder and non-slave-holder
must ultimately share the same fate; all be degraded to a position of
equality with free negroes, stand side by side with them at the polls,
and fraternize in all the social relations of life, or else there will be

CONFEDERATE AUTHORITIES. 9

an eternal war of races, desolating the land with blood, and utterly-
wasting and destroying all the resources of the country. Who can
look upon such a picture without a shudder? What Southern man,
be he slave-holder or non-slave-holder, can without indignation and
horror contemplate the triumph of negro equality, and see his own
sons and daughters in the not distant future associating with free
negroes upon terms of political and social equality, and the white
man stripped by the heaven-daring hand of fanaticism of that title to
superiority over the black race which God himself has bestowed ? In
the Northern States, where free negroes are so few as to form no
appreciable part of the community, in spite of all the legislation for
their protection, they still remain a degraded caste, excluded by the
ban of society from social association with all but the lowest and
most degraded of the white race. But in the South, where in many
places the African race largely predominates, and as a consequence
the two races would be continually pressing together, amalgamation
or the extermination of the one or the other would be inevitable. Can
Southern men submit to such degradation and ruin ? God forbid that
they should.

But it is said there are many constitutional conservative men
at the North who sympathize with and battle for us. That is true;
but they are utterly powerless, as the late Presidential election
unequivocally shows, to breast the tide of fanaticism that threatens
to roll over and crush us. With them it is a question of principle,
and we award to them all honor for their loyalty to the Constitution
of our fathers; but their defeat is not their ruin. With us it is a
question of self-preservation. Our lives, our property, the safety of
our homes and our hearthstones, all that men hold dear on earth, is
involved in the issue. If we triumph, vindicate our rights, and main-
tain our institutions, a bright and joyous future lies before us. We
can clothe the world with our staple, give wings to her commerce,
and supply with bread the starving operative in other lands, and at
the same time preserve an institution that has done more to civilize
and Christianize the heathen than all human agencies besides — an
institution alike beneficial to both races, ameliorating the moral,
physical, and intellectual condition of the one and giving wealth and
happiness to the other. If we fail, the light of our civilization goes
down in blood, our wives and our little ones will be driven from their
homes by the light of our own dwellings, the dark pall of barbar-
ism must soon gather over our sunny land, and the scenes of West
India emancipation, with its attendant horrors and crii^es (that mon-
ument of British fanaticism and folly), be re-eiiacted in their own
land upon a more gigantic scale.

Then, is it not time we should be up and doing, like men who know
their rights and dare maintain them ? To whom shall the people of
the Southern States look for the protection of theil* rights, interests,
and honor? We answer, to their own sons and their respective
States. To the States, as we have seen, under our system of govern-
ment, is due the primary allegiance of the citizen, and the correlative
obligation of protection devolves upon the respective States — a duty
from which they cannot escape, ahd which they dare not neglect
without a violation of all the bonds of fealty that hold together the
citizen and the sovereign. The Northern States and their citizens
have proved recreant to their obligations under the Federal Consti-
tution. They have violated that compact and refused to perform
their covenants in that behalf.

10 CORRESPONDENCE, ETC.

The Federal Government has failed to protect tne rights and prop-
erty of the citizens of the South, and is about to pass into the hands
of a party pledged for the destruction not only of their rights and
their property, but the equality of the States ordained by the Consti-
tvition, and the heaven-ordained superiority of the white over the black
race. What remains, then, for the Southern States and the people
of these States if they are loyal to the great principles of civil and
religious liberty, sanctified by the sufferings of a seven-years' war and
baptized with the blood of the Revolution ? Can they permit the
rights of their citizens to be denied and spurned, their property
spirited away, their own sovereignty violated, and themselves degraded
to the position of mere dependencies instead of sovereign States ; or
shall each for itself, judging of the infractions of the constitutional
compact, as well as the mode and measure of redress, declare that the
covenants of that sacred instrument in their behalf, and for the bene-
fit of their citizens, have been willfully, deliberately, continuously,
and persistently broken and violated by the other parties to the com-
pact, and that they and their citizens are therefore absolved from all
further obligations to keep and perform the covenants thereof; resume
the powers delegated to the Federal Government, and, as sovereign
States, form other relations for the protection of their citizens and
the discharge of the great ends of government? The union of these
States was one of fraternity as well as equality; but what fraternity
now exists between the citizens of the two sections ? Various religious
associations, powerful in numbers and influence, have been broken
asunder, and the sympathies that bound together the people of the
several States at the time of the formation of the Constitution have
ceased to exist, and feelings of bitterness and even hostility have
sprung up in their place. How can this be reconciled and a spirit of
fraternity established? Will the people of the North cease to make
war upon the institution of slavery and award to it the protection
guaranteed by the Constitution ? The accumulated wrongs of many
years, the late action of their members in Congress refusing every
measure of justice to the South, as well as the experience of all the
past, answers. No, never!

Will the South give up the institution of slavery and consent that
her citizens be stripped of their property, her civilization destroyed,
the whole land laid waste by fire and sword? It is impossible. She
cannot; she will not. Then why attempt longer to hold together
hostile States under the stipulations of a violated Constitution ? It
is impossible. Disunion is inevitable. Why, then, wait longer for
the consummation of a result that must come ? Why waste ftirther
time in expostulations and appeals to Northern States and their citi-
zens, only to be met, as we have been for years past, by renewed
insults and repeated injuries ? WiU the South be better prepared to
meet the emergency when the North shall be strengthened by the
admission of the new Territories of Kansas, Nebraska, Washington,
Jefferson, Nevada, Idaho, Chippewa, and Arizona as non-slave-hold-
ing States, as we are warned from high sources will be done within
the next four years, under the administration of Mr. Lincoln? Can
the true men at the North ever make a more powerful or successful
rally for the preservation of our rights and the Constitution than they
did in the last Presidential contest? There is nothing to inspire a
hope that they can.

Shall we wait until our enemies shall possess themselves of all the
powers of the Government; until abolition judges are on the Supreme

CONFEDERATE AUTHORITIES. 11

Court bench, > abolition collectors at every port, and abolition post-
masters in every town; secret mail agents traversing the whole land,
and a subsidized press established in our midst to demoralize our peo-
ple ? Will we be stronger then or better prepared to meet the struggle,
if a struggle must come ? No, verily. When that time shall come, well
may our adversaries laugh at our folly and deride our impotence. The
deliberate judgment of Alabama, as indicated by the joint resolutions
of her General Assembly, approved February 24, 1860, is that prudence,
patriotism, and loyalty to all the great principles of civil liberty, incor-
porated in our Constitution and consecrated by the memories of the
past, demand that all the Southern States should now resume their
delegated powers, maintain the rights, interests, and honor of their
citizens, and vindicate their own sovereignty. And she most earnestly
but respectfully invites her sister sovereign State, Kentucky, who so
gallantly vindicated the sovereignty of the States in 1798, to the con-
sideration of these grave and vital questions, hoping she may concur
with the State of Alabama in the conclusions to which she has been
driven by the impending dangers that now surround the Southern
States. But if, on mature deliberation, she dissents on any point from
the conclusions to which the State of Alabama has arrived, on behalf
of that State I most respectfully ask a declaration by this venerable
Commonwealth of her conclusions and position on all the issues dis-
cussed in this communication; and Alabama most respectfully urges
upon the people and authorities of Kentucky the startling truth that
submission or acquiescence on the part of the Southern States at this
perilous hour will enable Black Republicanism to redeem all its nefari-
ous pledges and accomplish all its flagitious ends; and that hesitation
or delay in their action will be misconceived and misconstrued by
their adversaries and ascribed not to that elevated patriotism that
would sacrifice all but their honor to save the Union of their fathers,
but to division and dissension among themselves and their consequent
weakness; that prompt, bold, and decided action is demanded alike
by prudence, patriotism, and the safety of their citizens.

Permit me, in conclusion, on behalf of the State of Alabama, to
express my high gratification at the cordial manner in which I have
been received as her commissioner by the authorities of the State of
Kentucky, as well as the profound personal gratification which, as a
son of Kentucky, born and reared within her borders, I feel at the
manner in which I, as the commissioner from the State of my adoption,
have been received and treated by the authorities of the State of my
birth. Please accept assurances of the high consideration and esteem of,
Youi- obedient servant, &c.,

S. F. HALE,
Commissioner from the State of Alabama.

'^oloaure No. 2.]

Executive Department,
Frankfort, Ky., December 28, 1860.
Hon. S. F. Hale,

Commissioner from the State of Alabama :
Your communication of the 27th instant, addressed to me by author-
ity of the State of Alabama, has been attentively read. I concur with
you in the opinion that the grave political issues yet pending and unde-
termined between the slave-holding and non-slave-holding States of
the Confederacy are of a character to render eminently proper and

12 COREESPONDENCE, ETC.

highly important a full and frank conference on the part of the South-
ern members, identified, as they undoubtedly are, by a common inter-
est, bound together by mutual sympathies, and with the whole social
fabric resting on homogeneous institutions. And coming as you do
in a spirit of fraternity, by virtue of a commission from a sister
Southern State, to confer with the authorities of this State in refer-
ence to the measures necessary to be adopted to protect the interests
and maintain the honor and safety of the States and their citizens, I
extend you a cordial welcome to Kentucky.

You have not exaggerated the grievous wrongs, injuries, and indig-
nities to which the slave-holding States and their citizens have long
submitted with a degree of patience and forbearance justly attribu-
table alone to that elevated patriotism and devotion to the Union which
would lead them to sacrifice well-nigh all save honor to recover the
Government to its original integrity of administration and perpetuate
the Union upon the basis of equality established by the founders of
the Republic. I may even add that the people of Kentucky, by reason
of their geographical position and nearer proximity to those who
seem so madly bent upon the destruction of our constitutional guar-
antees, realize yet more fully than our friends farther south the
intolerable wrongs and menacing dangers you have so elaborately
recounted. Nor are you, in my opinion, more keenly alive than are
the people of this State to the importance of arresting the insane cru-
sade so long waged against our institutions and our society by meas-
ures which shall be certainly effective. The rights of African slavery
in the United States and the relations of the Federal Government to
it, as an institution in the States and Territories, most assuredly
demand at this time explicit definition and final recognition by the
North. The slave-holding States are^ now impelled by the very high-
est law of self-preservation to demand that this settlement should be
concluded upon such a basis as shall not only conserve the institu-
tion in localities where it is now recognized, but secure its expansion,
under no other restrictions than those which the laws of nature may
throw around it. That unnecessary conflict between free labor and
slave labor, but recently inaugurated by the Republican party as an
element in our political struggles, must end, and the influence of soil,
of climate, and local interests left unaided and unrestricted save by
constitutional limitations to control the extension of slavery over the
public domain. The war upon our social institutions and their guar-
anteed immunities waged through the Northern press, religious and
secular, and now threatened to be conducted by ^ dominant political
organization through the agency of State Legislatures and the Federal
Government must be ended. Our safety, our honor, and our self-
preservation alike demand that our interests be placed beyond the
reach of further assault.

The people of Kentucky may differ variously touching the nature
and theory of our complex system of government, but when called
upon to pass upon these questions at the polls I think such an expres-
sion would develop no material variance ot sentiment touching the
wrongs you recite and the necessity of their prompt adjustment. They
fully realize the fatal result of longer forbearance, and appreciate the
peril of submission at this juncture. Kentucky would leave no effort
untried to preserve the union of the States upon the basis of the Con-
stitution as we construe it, but Kentucky will never submit to wrong
and dishonor, let resistance cost what it may. Unqualified acqui-
escence in the administration of the Government upon the Chicago

CONFEDERATE AUTHORITIES. 13

platform, in view of the movements already inaugurated at the South
and the avowed purposes of thie representative men of the Republican
party, would, I feel assured, receive no favor in this State. Whether
her citizens shall, in the last resort, throw themselves upon the right
of revolution as the inherent right of a free people never surrendered,
or shall assert the doctrine of secession, can be of little practical
import. When the time of action comes (and it is now fearfully near
at hand) our people will be found rallied as a unit under the flag of
resistance to intolerable wrong, and being thus consolidated in feeling
and action, I may well forego any discussion of the abstract theories
to which one party or another may hold to cover their resistance.

It is true that as sovereign political communities the States must
determine, each for itself, the grave issues now presented; and it may
be that, when driven to the dire extremity of severing their relations
with the Federal Government, formal, independent, separate State
action will be proper and necessary. But resting, as do these polit-
ical communities, upon a common social organization, constituting the
sole object of attack and invasion, confronted by a common enemy,
encompas.sed by a common peril — in a word, involved in one common
cause, it does seem to me that the mode and manner of defense and
redress should be determined in a full and free conference of all the
Southern States, and that their mutual safety requires full co-oper-
ation in carrying out the measures there agreed upon. The source
whence oppression is now to be apprehended is an organized power,
a political government in operation, to which resistance, though ulti-
mately successful (and I do not for a moment question the issue),
might be costly and destructive. We should look these facts in the
face, nor close our eyes to what we may reasonably expect to encoun-
ter. I have therefore thought that a due regard to the opinions of all
the slave-holding States would require that those measures which
concern all alike and must ultimately involve all should be agreed
upon in common convention and sustained by united action.

I have before expressed the belief and confidence, and do not now
totally yield the hope, that if such a convention of delegates from the
slave-holding States be assembled, and, after calm deliberation, pre-
sent to the political party now holding the dominance of power in the
Northern States and soon to assume the reins of national power, the
firm alternative of ample guarantees to all our rights and security for
future immunity or resistance, our just demands would be conceded
and the Union be perpetuated stronger than before. Such an issue, so
presented to the Congress of the United States and to the Legislatures
and people of the Northern States (and it is practicable, in abundant
time before the Government has passed into otherhands^ would come
with a moral force which, if not potent to control the votes of the
representative men, might produce a voice from their constituents
which would influence them. But if it fail, our cause would emerge, if
possible, stronger fortified by the approbation of the whole conserva-
tive sentiment of the country and supported by a host of Northern
friends who would prove, in the ultimate issue, most valuable allies.
After such an effort every man in the slave-holding States would feel
satisfied that aU had been done which could be done to preserve the
legacy bequeathed us by the patriots of '76 and the statesmen of '89,
and the South would stand in solid, unbroken phalanx a unit. In the
brief time left it seems to me impracticable to effect this object through
the agency of commissioners sent to the different States. A conven-
tion of authorized delegates is the true mode of bringing about

14 COBEESPONDENCE, ETC.

co-operation among the Southern States, and to that movement I
would respectfully ask your attention, and through you solicit the
co-operation of Alabama.

There is yet another subject upon which the very highest consider-
ations appeal for a united Southern expression. On the 4th of March
next the Federal Government, unless contingencies now unlocked for
occur, will pass into the control of the Republican party. So far as
the policy of the incoming administration is foreshadowed in the ante-
cedents of the President elect, in the enunciations of its representa-
tive men and the avowals of the press, it will be to ignore the acts of
sovereignty thus proclaimed by Southern States, and of coercing the
continuance of the Union. Its inevitable result will be civil war of
the most fearful and revolting character. Now, however the people
of the South may differ as to the mode and measure of redress, I take
it that the fifteen slave holding States are united in opposition to such
a policj^ and would stand in solid column to resist the application of
force by the Federal authority to coerce the seceding States. But it
is of the iitmost importance that before such a policy is attempted to
be inaugurated the voice of the South should be heard in potential,
official, and united protest. Possibly the incoming Administration
would not be so dead to reason as after such an expression to persist
in throwing the country into civil war, and we may therefore avert
the calamity. An attempt "to enforce the laws" by blockading two
or three Southern States would be regarded as quite a different affair
from a declaration of war against 13,000,000 of freemen; and if Mr.
Lincoln and his advisers be made to realize that such would be the
issue of the "force policy," it will be abandoned. Should we not real-
ize to our enemies that consequence and avert the disastrous results ?
But if our enemies be crazed by victory and power and madly persist
in their purpose, the South will be better prepared to resist.

You ask the co-operation of the Southern States in order to redress
our wrongs. So do we. You have no hope of a redress in the Union.
We yet look hopefully to assurances that a powerful reaction is going
on at the North. You seek a remedy in secession from the Union.
We wish the united action of the slave States, assembled in conven-
tion within the Union. You would act separately; we unitedly. If
Alabama and the other slave States would meet us in convention, say
at Nashville or elsewhere, as early as the 5th day of February, I do
not doubt that we would agree in forty-eight hours upon such reason-
able guarantees, by way of amendment to the Constitution of the
United States, as would command at least the approbation of our
numerous friends in the free States, and by giving *hem time to make
the question with the people there, such a reaction in public opinion
might yet take place as to secure us our rights and save the Govern-
ment. If the effort failed the South would be united to a man, the
North divided, the horrors of civil war would be averted (if anything
can avert the calamity). And if that be not possible we would be in
a better position to meet the dreadful collision. By such action, too,
if it failed to preserve the Government, the basis of another confed-
eracy would have been agreed upon, and the new government would
in this mode be launched into operation much more speedily and
easily than by the action you propose.

In addition to the foregoing, I have the honor to refer you to my
letter of the ] 6th ultimo to the editor of The Yeoman and to my letter
to the Governors of the slave States, dated the 9th of December, here-

CONFEDERATE AUTHORITIES. 15

with transmitted to you,* which, together with what I have said in
this communication, embodies, with all due deference to the opinions
of others, in my judgment, the principles, policy, and position which
the slave States ought to maintain. The Legislature of Kentucky
will assemble on the 17th of January, when the sentiment of the State
will doubtless find ofBcial expression. Meantime, if the action of
Alabama shall be arrested until the conference she has sought can be
concluded by communication with that department of the govern-
ment, I shall be pleased to transmit to the Legislature your views. I
regi-et to have seen in the recent messages of two or three of our
Southern sister States a recommendation of the passage of laws pro-
hibiting the purchase by the citizens of those States of the slaves of
the border slave-holding States. Such a course is not only liable to
the objection so often urged by us against the abolitionists of the
North of an endeavor to prohibit the slave-trade between the States,
but it is likewise wanting in that fraternal feeling which should be
common to States which are identified in their institutions and inter-
ests. It affords me pleasure, however, to add, as an act of justice to
your State, that I have seen no indication of such a purpose on the
part of Alabama. It would certainly be considered an act of injus-
tice for the border slave-holding States to prohibit, by their legisla-
tion, the purchase of the products of the cotton-growing States, even
though it be founded upon the mistaken policy of protection to their
own interests. I cannot close this correspondence without again
expressing to you my gratification in receiving you as the honored
commissioner from your proud and chivalrous State, and at your
coui-teous, able, dignified, and manly bearing in discharging the
solemn and important duties which have been assigned to you.

I have the honor to be, with sentiments of high consideration, youi-
friend and obedient servant,

B. MAGOFFIN.

[Incloflare No. 3.]

Frankfort, Kt., January 1, 1861.
His Excellency B. Magoffin,

Governor of the Commonv)ealth of Kentucky:

Your communication of the 28th ultimo, in reply to the communi-
cation I, as the commissioner from the State of Alabama, had the
honor of submitting for your consideration on the 27th, has just been
placed in my hands, and shall promptly be laid before the Governor
of Alabama. Be assured that the communication of Your Excellency
will receive from the authorities of the State of Alabama that full
and candid consideration due as well to the magnitude of the subject
discussed as the high source from which it emanates; and I doubt
not that in the hour of trial Kentucky and Alabama will be found
standing side by side in defense of the rights, interests, and honor of
their citizens. In closing our official correspondence, permit me
again to express my high appreciation of the cordial welcome
extended to me as the commissioner from Alabama, as well as your
many acts of courtesy and kindness to me personally during my
sojourn at your capital.

And accept assurances of the high consideration and esteem of
your friend and obedient servant,

s. f. hale.

*Not found.

16 CORKESPONUENCE, ETC.

MiLLEDGEViLLE, Ga., January 3, 1861.
His Excellency Governor Joseph E. Brown,

Governor of the Slate of Georgia :
Sir: I beg leave to hand you herewith a commission from His
Excellency Andrew B. Moore, Governor of the sovereign State of
Alabama, and attested by the great seal of the State, under date of
December 21, 1860, by which I have the honor to be constituted and
appointed a commissioner to the sovereign State of Georgia, with
authority to consult and advise with Your Excellency as to what is
best to be done to protect the rights, interests, and honor of the slave-
holding States. No duty more agreeable to my feelings could have
been laid upon me at this trying hour in the history of our country
than that of a delegate from Alabama, the beloved State of my adop-
tion, to Georgia, the beloved and honored State of my nativity. The
unnatural warfare which, in violation of the Federal compact and for
a long series of years, has been unceasingly waged by the anti-slavery
States upon the institutions, rights, and domestic tranquillity of the
slave-holding States, has finally culminated in the election of an open
and avowed enemy to our section of the Union; and the great and
powerful party who have produced this result calmly awaits the 4th
day of March next, when, under the forms of the Constitution and the
laws, they will usurp the machinery of the Federal Government and
madly attempt to rule, if not to subjxigate, and ruin the South. In
anticipation of such a contingency and in advance of any of her sister
States, the General Assembly of Alabama on the 24th day of Feb-
ruary, 1860, solemnly declared that —

To permit a seizxire of the Federal Government by those whose tmmistakable
aim is to pervert its whole machinery to the destruction of a portion of its mem-
bers would be an act of suicidal folly and madness almost without a parallel in
history; and that the General Assembly of Alabama, representing a people loy-
ally devoted to the Union of the Constitution, but scorning the Union which
fanaticism would erect upon its ruins, deem it their solemn duty to provide in
advance the means by which they may escape such peril and dishonor, and devise
new securities for perpetuating the blessings of Uberty to themselves and their
posterity.

In stern pursuance of this purpose the General Assembly adopted,
among others, the following resolution:

That upon the happening of the contingency contemplated in the foregoing pre-
amble, namely, the election of a President advocating the principles and action
of the party in the Northern States calling itself the Republican party, it shall
be the duty of the Governor, and he is required forthvTith, to issue his proclama-
tion calling upon the qualified voters of this State to assemble on a Monday not
more than forty days after the date of said proclamation, at the usual places of
voting in their respective counties, and elect delegates to'^ convention of the
State, to consider, determine, and do whatever, in the opinion of said convention,
the rights, interests, and honor of the State of Alabama require to be done for
their protection.

And the same General Assembly, on the 25th day of February, 1860,
in response to resolutions received from the State of South Carolina,
inviting a conference of the Southern States, adopted these additional
resolutions :

1. Resolved, That the State of Alabama, fully concurring with the State of
South Carolina in afiarming the right of any State to secede from the confed-
eracy whenever, in her own judgment, such a step is demanded by the honor,
interests, and safety of her people, is not unmindful of the fact that the assaults
upon the institution of slavery and ujjon the rights and equality of the Southern
States, unceasingly continued with increasing violence and in new and more

CONFEDERATE AUTHORITIES. 17

alarming forms, may constrain her to a reluctant but early exercise of that inval-
uable rig[ht.

3. Be it further resolved, That in the absence of any preparation for a sys-
tematic co-oi)eration of the Southern States in resisting the aggressions of her
enemies, Alabama, acting for herself, has solemnly declared that under no cir-
cumstances will she submit to the foul domination of a sectional Northern party;
has provided for the call of a convention in the event of the triumph of such a
faction in the approaching Presidential election, and, to maintain the position
thus deliberately assumed, has appropriated the sum of $200,000 for the military
contingencies which such a course may involve.

3. Be it further resolved, That-the State of Alabama, having endeavored to pre-
pare for the exigencies of the future, has not deemed it necessary to propose a
meeting of deputies from the slave-holding States, but, anxiously desiring their
co-operation in a struggle which perils all they hold most dear, hereby pledges
herself to a cordial participation in any and every effort which, in her judgment,
will protect the common safety, advance the common interest, and serve the
common cause.

In obedience to the instriictions of the General Assembly, and in
accordance with his own loyal heart and manly purpose, His Excellency
Andrew B. Moore, Governor of Alabama, ordered an election of dele-
gates by the people on the 24th day of December last. These dele-
gates, 100 in number, will assemble in convention at Montgomery on
Monday next, the 7th instant, and there and then will speak the sov-
ereign voice of Alabama. There may be found an honest difference of
opinion and judgment as to the time and mode of secession from the
Federal Union, whether the State shall move at once, for herself and
by herself, or await the action and co-operation of Georgia and adjoin-
ing sister States who have with her a common interest, but that the
convention will fully maintain the high and patriotic resolves of the
General Assembly, and thus proudly vindicate the rights and honor
of Alabama, I do not for a moment entertain the shadow of a doubt.
Events now transpiring must, at an early date, unite all loyal sons of
the South in the defense of the South. We should make haste to be
ready for the conflict which is well nigh upon us. ' ' Delay is danger-
ous; hesitation, weakness; opposition, treason." We honor the gal-
lant State of South Carolina, which accidental and fortuitous circum-
stances have placed in front of the battle, and Alabama will stand
by and make common cause with her and every other State which
shall assert her independence of an abolitionized Government. Ala-
bama sends greetings to her mother, glorious old Georgia, the Empire
State of the South, one of the immortal thirteen which suffered and
endured and triumphed in the Revolution of 1776, and Alabama
invokes her counsel and advice, her encouragement and co-operation.
Having similar institutions, kindred sympathies, and honor alike
imperiled, will not Georgia unite with Alabama and siSter States in
throwing off the insolent despotism of the North, and in the establish-
ment of a Southern confederacy, a government of homogeneous people,
which shall endure through all coming time, the proudest and grand-
est monument on the face of the earth ? I shall proceed hence to the
capital of Alabama to report the result of my interview with Your
Excellency to the Governor of Alabama in time for him to lay the
same before the convention on Monday next; and I shall feel grate-
ful for the honor of being made the medium of bearing any commu
nication which Your Excellency may be pleased to make.

With high consideration, I -am. Your Excellency's obedient servant,

JNO. GILL SHORTER.

2 R R — SERIES IV, VOL I

18 correspondence, etc.

Executive Department,

MiUedgeville, January 5, 1861.
Hon. John Gill Shorter,

Commissioner of the State of Alabama :

Dear Sir: On my return from Savannah this day I find your com-
munication accompanying your commission from His Excellency the
Governor of Alabama, which you did me the honor to send by express,
but which was not received till after I had the pleasure of a private
interview with you. The gallant and noble stand taken by your
State in the passage of the resolutions recited in your communication,
for the protection of the rights and the vindication of the honor of
the State of Alabama and the other Southern States, excited the just
admiration of all her Southern sisters. Alabama, in common with
the other pro-slavery States, had long endured the injustice and
Insults of the Black Republican party of the North. That party is
now triumphant, and is about to seize the reins of the Federal Gov-
ernment. To this the States of the South can never submit without
degradation and ultimate ruin. While Georgia may be said to be
the mother of Alabama, she is proud of the noble conduct of her
daughter; and will not claim to lead, but will be content to follow in
the path of glory in which her offspring leads. We feel well assured
that your State will not be intimidated nor driven from her high
position. While many of our most patriotic and Intelligent citizens
in both States have doubted the propriety of immediate secession,
I feel quite confident that recent developments have dispelled those
doubts from the minds of most men who have, till within the last few
days, honestly entertained them.

Longer continuance in a union with those who use the Government
only as an engine of oppression and injustice cannot, it seems to me,
be desired by any party in the Southern States. Conciliation and
harmony among ourselves are of the most vital importance. Let us,
if we have differed in the past, meet each other with just forbearance,
and the path of duty will, I trust, be plain to all. The Federal Gov-
ernment denies the right of a sovereign State to secede from the
Union, while it refuses to make any concessions or to give any guar-
anties which will secure our rights in future. If we yield this right
we become the subjects and the pro-slavery States the provinces of a
great centralized empire, consolidated and maintained by military
force. The sovereign State of South Carolina has resumed the pow-
ers delegated by her to the Federal Government on account of the
violation of the compact by the other contracting parties. Her right
to declare herself independent is denied, and mTlitary coercion is
boldly threatened. Shall we yield the right of secession and see
her whipped back into the Union? Never! Since she seceded her
course has been moderate and dignified. She did not occupy the
most impregnable fort in her harbor, which she could have seized
without the loss of a single man, because she had pledged her faith
not to do so, in consideration that the Government at Washington
would make no change in the military status of the forts, but would
permit all to remain as it was at the time she seceded. She kept her
faith. What was the conduct of the Federal Government ? Its agent
who commanded Fort Moultrie violated the pledge given by his Gov-
ernment. The Government disavows his conduct, but refuses to keep
its faith by remanding him to his original position. The result will
probably be the loss of much of the best blood in South Carolina

CONFEDERATE AUTHORITIES. 19

before the fort can be taken. In my opinion, other Southern States
should not be deceived by trusting to such a government in future.
In view of the threats of coercion which are made by Northern
Senators and Representatives, and the probabilities that the like
policy now meets with the sanction of a majority of the Cabinet, the
South can look in future only to her own strength, the justice of her
cause, and the protection of the Almighty Ruler of the Universe for
her safety and independence. Prompted by these considerations, I
have seized and occupied Fort Pulaski, the stronghold in this State,
with a sufficient number of troops and other ample provision to secure
it against successful assault. Till the convention of this State has
acted and decided the question of Georgia's future dependence or
independence, I shall hold the fort at all hazards, and by force if nec-
essary. I am glad to learn by a telegram just received from His Excel-
lency the Governor of your State that he has taken the same precau-
tions for the protection of the people of Alabama against the assaults
of our common enemy, and I sincerely trust the Executive of each
and every Southern State in the Union wiU. at once adopt the same
policy, and let us all co-operate in a common defense. So far as the
returns have been received at this office they indicate beyond a doubt
that the i)eople of Georgia have determined by an overwhelming
majority to secede from the Union so soon as our convention meets
and has time to consummate this important step, which can alone
preserve the honor, the rights, and the dignity of this State in the
future. I trust that Alabama will not hesitate, but will act promptly
and independently, relying, as I know she may, upon the cordial co-
operation of Georgia in every hour of trial. The people of the pro-
slavery States have common institutions, common interests, common
sympathies, and a common destiny. Let each State, as soon as its
convention meets, secede promptly from the Union, and let all then
unite upon a common platform, co-operate together, and "form a more
perfect union." Our cause is just, and I doubt not, should we be
attacked, that the God of Battles will protect the right and drive far
from us the scattered hosts of an invading foe. I regret the necessity
which compels me to prepare this response in so short a period. I
have no time to reAose it. You will please say to His Excellency
Governor Moore that it will afford me much pleasure to receive
intelligence at the earliest moment after the convention has placed
Alabama in the high position which Georgia, by a vote of her people,
has determined to occupy so soon as her convention has time to assem-
ble and deliberate.

I am, very truly, your obedient servant,

JOSEPH E. BROWN.

Montgomery, Janvnry 5, 1861.
His Excellency A. B. Moore :

Sir: I was honored by Your Excellency with the appointment of
commissioner to the State of South Carolina to confer with her Gov-
ernor and her convention, about to assemble on the 17th of December
last, on the political condition of the slave-holding States of the Union
in the present crisis. The principal object of my mission was for con-
sultation with that State, through her Governor and convention, by a
full and free interchange of opinion as to the best course to be pursued,
jn view of the dangers impending over the Southern States, to avert

20 CORRESPONDENCE, ETC.

those dangers and to unite those States in a common union in aeiense
of their rights. I left this place on the 13th of December last, and
arrived in Columbia, the place of meeting of the South Carolina con-
vention, and where the Legislature was still in session, on the 14th,
about 5 p. m. The lateness of the hour of my arrival prevented my
calling upon the Qovernor on that evening. My arrival had been
expected, and immediately on reaching my hotel I was called on by
numerous persons, members of the Legislature and others, who were
filled with the deepest anxiety to ascertain the feeling of this State,
and who were greatly cheered by the intelligence I felt authorized to
communicate. On the morning of the 15th I waited on the Governor
at his house and presented ray credentials. I was warmly received by
him, who entered into a full and frank communication on the objects
of my mission, the state of public sentiment in South Carolina and
other slave-holding States, with the Governors of several of which he
had been in correspondence, and also in the preparation which South
Carolina had made and was making to maintain her sovereignty and
independence, if on her secession from the Union the Federal Gov-
ernment should attempt to coerce her back into the Union by force.

From the moment of my arrival I was in constant communication
with members of the Legislature and other distinguished men in that
State and with most of the delegates to the convention as they arrived,
and sought a full consultation and interchange of opinion on the mat-
ters with which I was charged. On the 15th of December the Hon. Mr.
Hooker, the commissioner from the State of Mississippi to South Caro-
lina, arrived in Columbia, charged with the same objects of consulta-
tion as myself, with whom I freely conferred on the nature of our
mission. The result of all the information thus obtained confirmed
the opinion entertained by me before I left this place, and in which I
was pleased to find that Your Excellency concurred. That opinion
was that the only course to unite the Southern States in any plan of
co-operation which could promise safety was for South Carolina to
take the lead and secede at once from the Federal Union without delay
or hesitation, and that any other plan would prevent co-operation for
submission and not for resistance; that the only effective plan of
resistance by co-operation must ensue after one Stat« had seceded and
presented the issue, when the plain question must be presented to the
other Southern States whether they would stand by the seceding State
engaged in a common cause or abandon her to the fate of coercion by
the arms of the Government of the United States. In this opinion Mr.
Hooker also concurred, and on all proper occasions I expressed it not
only as my own but as the opinion of Your Excellency.

The convention was organized on the 17th of December, and on that
night Mr. Hooker and myseK were invited by it to address that body,
which we did. In my speech I annotinced to the convention the char-
acter in which I appeared before it and the objects for which I had
been sent, and in substance told the convention what I had previously
said to the members individually, announcing as my opinion, as sup-
ported by that of Your Excellency, that Alabama, through her con-
vention, would unquestionably follow the great example set by South
Carolina, and that there would be a large majority in our convention
in favor of the secession of our State. Mr. Hooker expressed the same
opinion, and gave the convention assurances of a large majority in
Mississippi in favor of her secession. On the day of its organization
the convention adopted a resolution that the State, of South Carolina
forthwith secede from the Federal Union, which passed unanimously,
and appointed a committee to draft and prepare an ordinance of

CONFEDERATE AUTHORITIES. 21

secession, and then adjourned to Charleston, to meet the next day at
4 p.m. I regret that I cannot furnish Your Excellency with a copy of
this resolution ; but on application to the clerk of the convention in
Charleston for a copy I was informed by him that owing to the haste
in which the convention had removeid from Columbia some of the
papers were mislaid, and this among them, and none of the proceed-
ings of the first day had been or could be at the time printed. I left
Columbia on the 18th at 2 p. m. and reached Charleston about 10 p. m.
No measures of importance were adopted by the convention until the
20th of December, when the ordinance of secession was reported by
the committee and adopted unanimously, as follows:

AK ORDINANCE to dissolve the nnion between the State of South Carolina and other States united
with her under the compact entitled '* The ConstitDtion of the United States of America."

We, the people of the State of South Carolina, in convention assembled, do
declare and ordain, and it is hereby declared and ordained, That the ordinance
adopted by us in convention on the 23d day of May, in the year of our Lord one
thousand seven hundred and eighty-eight, whereby the Constitution of the United
States of America was ratified, and also all acts and parts of acts of the General
Assembly of this State ratifying amendments of the said Constitution, are hereby
repealed; and that the union now subsisting between South Carolina and other
States, under the name of the " United States of America," is hereby dissolved.

And on its passage the following resolution was adopted :

Resolved, That the ordinance be engrossed, under the direction of the attorney-
general and the solicitors, upon parchment, and signed by the president and mem-
bers of the convention at the Institute Hall, in the alphabetical order of election
districts, and be deposited in the arcUves of the State.

At 7 p. m. on the same day the ordinance, engrossed on parchment,
with the great seal of the State attached, was signed by the president
and every member of the convention. Many questions were submitted
to the convention, on which no definite action has been taken that I
am aware of. I have authentic information that the convention
passed the following ordinances and resolutions :

First, one to alter the constitution of the State of South Carolina
in respect to the oath of office ; second, one, the appointment of com-
missioners to Washington; third, one to make provisional arrange-
ments for the continuance of commercial facilities in South Carolina;
fourth, one vesting in the General Assembly of the State the powers
lately vested in the Congress of the United States; fifth, one vesting
in such courts as the General Assembly should direct the judicial
powere heretofore delegated to the Government of the United States;
sixth, one to define and punish treason against the State; seventh,
one in relation to citizenship in the State. Copies of jill which are
hereto attached for the information of Your Excellency.*

There were other important ordinances submitted to the convention,
but I had no means of ascertaining whether they were adopted in the
precise form in which they were offered, but I am satisfied they were
passed either in that form or with some modification. These I attach
to the reports of committees and addresses, herewith submitted.* I
was in the city of Charleston when, on the night of the 26th of Decem-
ber, Fort Moultrie was evacuated and Fort Sumter occupied by the
Federal troops under the command of Major Anderson. The great-
est indignation was aroused by this violation of the understanding
between the authorities of the State and the Government of the United
States. From the most reliable sources I was informed that the State
and Federal authorities had mutually given a pledge that the State
should make no attack or hostile demonstration against the fortresses

* Not found.

22 coeeespondence, etc.

in the possession of the Government of the United States in the harbor
of Charleston, and that no re-enforcements were to be sent to those
fortresses by the Federal Government nor the position of the troops
in those fortresses changed until the question of their occupation or
surrender had been attempted to be settled by negotiation between
the State and Federal authorities. While the Executive of the United
States pretends to disavow the act of Major Anderson in this change
of position of the troops, he sanctions the act by permitting this
officer to remain in his new position. Casuists will find it difficult to
distinguish between the previous order and subsequent sanction in a
question of good faith.

On the morning of the 21st [27th] of December, as soon as the
removal of the Federal troops from the one fort to the other was
known in the city, the Governor sent a dispatch to Major Anderson,
asking an explanation of his conduct, which being unsatisfactory,
the troops of the State were ordered at once to occupy Fort Moultrie
and Castle Pinckney, which was done on the same day, and these
fortresses are still in the possession of the State, and will be defended
to the last extremity. From the observations made by men in South
Carolina, I am satisfied that the people of that State are prepared to
undergo the utmost horrors that war can bring upon a people, to have
their lands ravaged and their homes made desolate, before they will
submit to subjugation by the Federal Government or the forces of
the abolition States. I left Charleston on the 29th of December on
my return home. I was induced to this step from the fact that all
the deliberations of the convention on questions of importance were
had in secret, and my presence in South Carolina could be of no
further service, as I would obtain no further information than that
afforded by the public prints. I cannot close this communication
without mentioning the cordial and complimentary manner in which
I was received by the authorities of South Carolina. The privilege
of a seat on the floor of the Senate and House of Representatives and
of the convention was given to me, and the hospitalities of the State
tendered by resolution of both houses of the Legislature. In reply to
this last courtesy, while acknowledging it in proper terms in the name
of the State of Alabama, I felt constrained to decline it, but availed
myself of the privileges of the seats tendered by the several bodies,
except when the convention was in secret session. I reached this
place on the 30th ultimo at night, and have availed myself of the
occasion to make known to Tour Excellency how I have discharged
the duties of my appointment.

With the highest considerations of respect; I am. Your Excellency's
obedient servant,

J. A. ELMORE.

Washington, Jantiary 5, 1861.
Governor Pettus,

Jackson, Miss.:

The Governor, officers of State, and six-sevenths of the people of

Delaware are cordially with Mississippi in the Southern cause. The

present Legislature opposed to immediate secession. The people will

demand a convention and Delaware will co-operate with Mississippi.

HENRY DICKINSON.
ALEX. R. WOOTTEN.

Mr. Wootten is attorney-general of the State of Delaware.

DICKINSON.

CONFEDERATE AUTHORITIES. 23

Montgomery, Ala., January 7, 1861.
His Excellency A. B. Moobe,

Governor of Alabama:
SiK: In pursuance of the requirements of the commission to me
directed by the Governor of the State of Alabama on the 18th of
December, 1860, I did forthwith repair to Jefferson City, in the State
of Missouri, for the purpose of performing the duties required of me
as commissioner from the State of Alabama to the State of Missouri;
and my communication was immediately had with the then acting
Governor of that State. I submitted to him my communication, a
copy of which is herewith laid before Your Excellency, together with
the reply of Governor Stewart. The Missouri Legislature was not in
session and would not convene until the last day of December, 1860.
Many of the members, however, of both houses, had assembled at
the seat of government, and it being obvious that I could not await
the organization of that body with any hope of such prompt action
on its part as to enable me to be present and return here in time for
the Alabama convention, an informal meeting of the members of the
Senate and House of Representatives was had in the Senate chamber,
after due publication, and an opportunity was afforded me of being
heard by the members and the people in the hall of the House of
Representatives on the 29th of December past, and after which action
was had by the members, who convened in the Senate chamber and
adopted a preamble and resolutions, which were handed to me and
which I herewith submit to Your Excellency. I will add that so far
as I could learn (and there was a free expression of opinion from the
members and the people of the State of Missouri) that State was in
favor of co-operation with the slave States, and in the event of a dis-
solution Missouri will confederate with the South and not with the
North. Missouri feels and realizes her critical situation. Being a
border State, bounded north, east, and west by free-soil territory, and
bounded by a slave State on the south sparsely populated, she will
move with slow and cautious steps. The present Governor of Mis-
souri, Hon. C. F. Jackson, is decidedly in favor of calling a State con-
vention to act in the present political crisis of the country, and his

views are fully foreshadowed by his letter of the of December

past, as well as in his message. His letter to General Shields is also
here referred to.

Respectfully,

W. COOPER.

[Inclosare Ko. 1.]

Jefferson City, Mo., December 26, 1860.
His Excellency R. M. Stewart,

Governor, &c.:
Sir: At a late session of the Legislature of the State of Alabama,
and on the 24th day of February, 1860, the Senat« and House of Rep-
resentatives of the State of Alabama, in General Assembly convened,
adopted the following preamble and resolution, viz :

Whereas, anti-slavery agitation, persistently continued in the non-slave-holding
States of this Union for more than a third of a century, marked at every stage of
its progress by contempt for the obligations of law and the sanctity of compacts,
evincing a deadly hostility to the rights and institutions of the Southern- people
and a settled purpose to effect their overthrow, even by the subversion of the
Constitution and at the hazard of bloodshed; and

Whereas, a sectional party calling itself Republican, committed alike by its
own acts and antecedents and the public avowals and secret machinations of its '

24 CORRESPONDENCE, ETC.

leaders to the execution of those atrocious designs, has acquired the ascendant
in every Northern State, and hopes by success in the approaching Presidential
election to seize the Government itself; and

Whereas, to permit such a seizure by those whose unmistakable aim is to per-
vert its whole machinery to the destruction of a portion of its members would
be an act of suicidal folly and madness, almost without a parallel in history ; and

Whereas, the General Assembly of Alabama, representing a people loyally
devoted to the Union of the Constitution, but scorning the Union which fanati-
cism would erect upon its ruins, deem it their solemn duty to provide in advance
the means by which they may escape such peril and dishonor, and desire new
securities for perpetuating the blessings of liberty to themselves and their pos-
terity: Therefore,

Be it resolved by the Senate and House of Representatives of the State of Alabama
in General Assembly convened, That upon the happening of the contingency con-
templated in the foregoing preamble, namely, the election of a President advo-
cating the principles and actions of the party in the Northern States calling itself
the Republican party, it shall be the duty of the Governor, and he is hereby
required, forthwith to issue his proclamation calling upon the qualified voters of
this Statt< to assemble on a Monday not more than forty days after the date of
said proclamation, and at the general places of voting in their respective counties,
to elect delegates to a State convention of the State, to consider, determine, and
do whatever, in the opinion of said convention, the rights, interests, and honor
of the State of Alabama require to be done for their protection.

And on the 25th day of February, 1860, another resolution was
adopted and passed by said body, as follows, viz :

Be it resolved. That in the absence of any preparation for a systematic
co-oi>eration of the Southern States in resisting the aggressions of their enemies,
Alabama, acting for herself, has solemnly declared that under no circumstances
will she submit to the foul domination of a sectional Northern party ; has pro-
vided for the call of a convention in the event of the triumph of such a faction
in the approaching Presidential election, and, to maintain her position thus delib-
erately assumed, has appropriated, &c.

Under the foregoing resolutions and the influence of subsequent
political events His Excellency Andrew B. Moore, Governor of the
State of Alabama, deeming it proper to consult with the slave-holding
States of the Union as to what is best to be done to promote their and
our interests and honor in the crisis which the action of the Black
Republicans has forced upon the country, and believing that the con-
ventions of South Carolina and Florida, as well as the Legislatures of
some of the other States, would have assembled and acted before the
meeting of the convention of Alabama, and thus the opportunity of
conferring with them would be measurably lost, determined to appoint
commissioners to each of the slave-holding States in time to enable them
to report the result of the convention to him before the meeting of the
Alabama convention (which will assemble at the city of Montgomery
on the 7th of January, 1861), that the same might be laid before that
body. The election of members to the Alabama convention was holden
on the 24th of December, 1860. This course was pursued by Governor
Moore because the Southern States could not, without violating the
Constitution of the United States, make any agreement, form any alli-
ance, nor enter into any compact for their mutual protection before
separate State secession ; and because all that can be done will be to
consult generally as to what would be best and afterward to secede
separately as emergencies might demand, and thereafter co-operate in
the formation of such confederacy as might tend to the general welfare.
Under this state of facts the undersigned was, by Andrew B. Moore,
Governor of the State of Alabama, on the 18th of December, 1860,
commissioned to the State of Missouri to consult and advise with His
Excellency the Governor of Missouri and with the Legislature and all
other public functionaries of said State, touching the premises as to

CONFEDERATE AUTHORITIES. 25

what shall be deemed best to be done to protect the rights, interests,
and honor of Ihe slave-holding States; and all of which is respectfully
submitted to elicit the counsel and opinion of the State of Missouri as
to what is best to be done by the slave-holding States in the present
political crisis, and all of which I respectfully submit to elicit the con-
sultation and advice of the State of Missouri in the premises.
Respectfully,

WM. COOPER,
Commissioner from Alabcuma.

[Incloanre No. 2.]

Executive Department,
City of Jefferson, December 30, 1860.
His Excellency a. B. Moore,

Governor of Alabam,a, Montgomery, Ala.:
SIR: I acknowledge with pleasure the receipt of your favor of the
18th instant, accrediting and introducing to me Mr. William Cooper
as a commissioner from Alabama to Missouri, to confer with proper
authorities in this State respecting all matters connected with the
present political and governmental crisis in the United States. I am
truly gratified and the people of Missouri will be pleased to learn that
you have taken a coxirse which looks to a friendly conference of all the
slave-holding States. Be assured, sir, that in Missouri we have a lively
appreciation of the practical injuries suffered from the interference and
depredations of Northern fanatics. Owing to the peculiarity of our
geographical position, being bounded by nearly 1,000 miles of free
territory, our State probably suffers more from the loss and abduction
of slaves than any of her sisters, and our people are determined to
seek redress for their wi-ongs and full security and indemnity for their
rights. At the same time they are, so far as I am advised, equally
opposed to separate or immediate action upon a subject of so grave
importance. The people of Missouri will still seek for the acknowl-
edgment and vindication of their rights within the Union rather than
" fly from present evils to those we know not of," and when the terms
of a fair adjustment are refused will be prepared to join with the
slave-holding States in united measures for the redress of our com-
mon grievances. For a further exposition of my views on this sub-
ject I beg to refer you to my forthcoming annual message to the
General Assembly of Missouri, which you will doubtless receive
before the meeting of your State convention on the 7th proximo, as
also that of my successor, of whose opinions I am -not specially
advised. In the meantime be assured that every courtesy which the
representatives of a great and generous people know how to bestow
will be cordially extended to the worthy and gentlemanly commis-
sioner who comes here honored with the confidence of Alabama.

Yours, respectfully,

R. M. STEWART.

[Inclosure No. 3.]

At an adjourned meeting of the members of the Legislatiire of
Missouri, held at the capitol on Saturday, December 29, 1860, prior
to the meeting of the General Assembly, after the address of the
Hon. William Cooper, commissioner from the State of Alabama, Dr.
John Hyer, senator from Dent, was elected chairman, and R. C.
Cloud, esq., of Pemiscot, was elected secretary.

26 CORRESPONDENCE, ETC.

Hon. M. M. Parsons, senator from Cole, offered the following:

Resolved, That we have heard with deep interest the address of the Hon. Wil-
liam Cooper, commissioner appointed from the State of Alabama to consult with
ns in regard to what course the slave-holding States should take under the present
crisis, and that we wiU during the coming session express our opinions officially
upon the questions now distracting the Union, and will furnish His Excellency
the Governor of Alabama with a copy of such resolutions on the subject as the
General Assembly may adopt.

Which was unanimously adopted.

Hon. Thomas W. Freeman, representative from Polk, offered the
following:

Resolved, That the secretary of this meeting be directed to transmit a copy of
the resolution adopted by this meeting to His Excellency the Governor of Ala-
bama by Hon. William Cooper, commissioner from that State.

Which was unanimously adopted, and thereupon the meeting ad-
journed.

R. C. CLOUD,

Secretary.

[Inclosure No. 4.]

My Dear Shields : I observed in the last Expositor a call for a
meeting, to take place in Lexington on the 10th of this month, to con-
sider the course the Southern people should pursue under "the menaces
and threats of Black Republicanism. From the free and outspoken
terms in which this call is made, and the unqualified language used in
setting forth the objects of the meeting, those of us at a distance
cannot but infer that the good people of "old La Fayette" are deter-
mined to assert the rights which belong to them under the Constitu-
tion and set themselves right before the world. I rejoice to see that
the men of all parties have freely signed this call, and I trust in God
they will have the metal and the nerve about them when they shall
assemble together to look all impending danger squarely in the face,
and firmly but respectfully declare to the world where they wiU be found
in the fearful crisis which now overhangs our common country. The
time has come, in my judgment, when a settlement of all the questions
in controversy must be had. That settlement, to be of any value, must
be full, complete, and final, and expressed in such terms that no one
can doubt the exact meaning of the settlement. In the call for your
meeting you have declared your purpose to demand an ' ' unconditional
repeal " of all the personal-liberty laws which have been passed by the
free States. This is a step, I think, well taken, and leads in the right
direction. But does it go far enough ? Does it reach the heart of the
disease? Nothing short of the most positive and binding obligations
would I accept in the proposed settlement. Suppose those offending
States should agree to repeal their odious enactments, and should
actually do it, may they not re-enact them the year following?
They have already violated one bargain, under the pretense of con-
struing it differently from us. In making the next agreement let it be
made so plain that the wayfaring man, though in a gallop, cannot
mistake its meaning. You know the Constitution has not the word
slave or slavery in it. Our fathers, who made it, were in reference to
this subject possessed of a little mock modesty, or, perhaps, more
properly speaking, they were a little too mealy-mouthed to speak out
"in meeting" fuUy what they thought and meant. Now, everybody
knows exactly what they meant; yet the Abolitionists and Black
Republicans are beginning to deny its true intent and meaning. You

CONFEDERATE AUTHORITIES. 27

know this is so; every man knows it. Should we, then, accept any-
thing less than an amendment to the Constitution setting forth in the
plainest terms the exact agreement entered into ? I do not know that
we should ask this by way of amendment, but rather as an explana-
tion of the true meaning of the Constitution. We should also require
a proper penalty of every State that has failed to comply in good
faith with the Constitution and laws upon this subject. Each State
that permits its citizens, in the way of armed mobs or otherwise, to
obstruct the faithful execution of the fugitive slave law should be
held responsible to the owner of the slave for all damages and costs in
the case. It has occurred to my mind that we should demand this or
something like it. I will not differ with friends in the matter of
detail or mere form of the thing; so I get the substance I should feel
satisfied.

Some of the Union savers and some of our more timorous friends
are insisting that we must wait yet a while longer, until Lincoln shall
commit some " overt act." They tell us his election is no good cause
for secession. I agree that the mere form or manner of Lincoln's
election does not furnish good and suflSicient grounds for secession;
but when we consider that Lincoln is the representative man of the
Black Republican party ; that he was taken up by the Chicago conven-
tion, and afterward elected by his party, solely because he was the
author of the declaration that "this Government cannot endure perma-
nently half slave and half free," I ask if his election under these
circumstances is not committing the '^overt act." Can we regard it
as anything less than a declaration of war upon the whole slave prop-
erty of all the Southern States ? Is it not a moral dissolution of the
Union, a virtual disruption of the Government ? For myself I cannot
but regard the election of Lincoln as having brought to a focus all the
threats and agitations of the last thirty years ; as severing the political
ties which have held together the people of the Northern and Southern
States; as alienating their affections and placing them, to a great
extent, in the position of two opposing armies, standing in hostile
array to each other. But, my dear sir, do not understand me as
undertaking to dictate what should be done. I simply took up my
pen, on reading your call for a meeting, to say to you that you have
my hearty approval and warmest sympathies in this movement. We
shall hold a meeting in Saline on the 14th and would be glad to have
you with us if it would not put you to too much trouble. This is all I
intended to say in the outset, but as I have a little space I will add a
word more. I think the people of each Southern State should hold
conventions at once, and these conventions should appoint delegates
to a general convention of all the Southern States, where they could
all agree on what ought to be demanded, and that all might act in
concert in carrying out the measures and policy agreed upon. Had I
been acting Governor of the State I should have called the Legislature
together before now, in order that they might consider the question of
calling a convention, and at the same time, if thought proper, to dis-
patch a commissioner to South Carolina, Georgia, &c., asking them, as
friends, not to go out of the Union by any hasty step, but remain with
us and meet us in convention, and, if go we must, let us all go out
together. Let us exhaust all the means in our power to maintain our
rights in the Union; let us preserve the Government, if possibly in
our power ; but if, after having tried all the remedies within our grasp,
these should fail, as I fear they will, then I say, let us dissolve the
connection and maintain the rights which belong to us at all hazards
and to the last extremity.

28 CORRESPONDENCE, ETC.

In my arguments upon this subject I have thought it a waste of
words and time to discuss the abstract right of secession. To us it
does not matter whether it be a constitutional remedy or not. What
right has the Black Republican or his allies to read us lectures on
constitutional rights after having violated with impunity the plainest
provisions of the Constitution for more than thirty years ? I praj'^ that
our friends may not be betrayed into anj^ rash acts or measures. Let
there be no threats, no bravado, no gasconading; but firmly and
determinedly let us take our position in the right and stand by it to
the last.

C. F. JACKSON.

[January 7, 1861. — For Yulee to Finegan, inclosing copy of resolu-
tions adopted at a consultation of Senators from the seceding States,
see Series I, Vol. I, t>. 443.]

Washington City, Jammry 7, 1861.
His Excellency A. B. MoORE :

My Dear Sir: At a caucus of Senators from the States of Georgia,
Florida, Alabama, Mississippi, Arkansas, Louisiana, and Texas, in
which all were present but Mr. Toombs and Mr. Sebastian, the inclosed
resolutions were adopted, the fi#st and second with but one dissentient,
and the third with but four. Members of the House of Representa-
tives from those States were not present, because there was not time to
summon them, and, in fact, many of them had left this city. There
was a common understanding that the Senators of each State should
communicate the resohitions and action" of the caucus to the Governor
of their State, to be used as might be deemed best on consultation
with members of the convention or Legislature that might be assembled.
I wish to invoke attention to the third resolution, and to make such
explanation as is necessary to prevent any misconstruction of the
motive of those who voted for it. It will at once occur to your mind
that there is a plain incongruity between the first and third resolu-
tions; that after a State has seceded from the present Federal Union
its Senators and Representatives have no right to seats in this Con-
gress. Such must be the conclusion of all who maintain the right of
secession. This was admitted by the caucus, not excepting, I believe,
one of those who voted for the third resolution. But the Black Repub-
licans deny the right of secession ; insist that the late Senators and Rep-
resentatives from South Carolina are still members of the respective
houses to which they were elected, and the names of those Represent-
atives (by order of Speaker Pennington) and of those Senators
(without order or objection) are still called as if present. They are,
therefore, estopped from objecting to the votes of Senators and Repre-
sentatives from other States that may secede before the 4th of March
next, if any retain their seats after the secession of their State.

There is a manifest purpose of the Black Republicans in both houses
of Congress to use the power they may have, when the Senators and
Representatives of the cotton States leave here, to enact every species
of legislation which hate of the South and lust of power and plunder
may suggest. Bills extending the districts for the collection of rev-
enue, so as to authorize collections on board of war vessels in view
of Southern ports; increasing the tariff and making it discriminate
more against the South; increasing the Army and Navy; calling for

CONFEDERATE AUTHORITIES. 29

volunteers and offering them bounties in land and money; employing
the militia; authorizing loans and issuing Treasury notes; indeed,
every bill will be passed which they can pass and may deem necessary
to strengthen the arm of Government and to enable Mr. Lincoln to
enforce payment of revenue at Southern ports or to blockade them, or
to commence war upon the South as soon as he is installed in office.
Such legislation might, probably, be defeated, if the delegates from the
cotton States about to secede remained in their seats till the 4th of
March ; and a new Congress could not be convened before September
next, by which time we might be fully prepared for war and strengthened
by the alliance of all the slave-holding States.- On the other hand, it
may be well asked whether it will comport with the dignity and honor
of Alabama, after she has seceded from the Union, to authorize her
Senators and Representatives to hold their seats in this Congress.
Or can she with credit pass an ordinance of secession and yet direct
them to retain their seats ? I submit the resolutions, to be sent to the
convention for their consideration if you deem it proper or expedient.
I owe it to mj'self to say that I do not wish to remain here, and if I
consulted my own feelings, interest, or opinions I would not stay a day
after the secession of my State.

I am, most respectfully, your friend and servant,

C. C. CLAY, Jr.

[IncloBure.]

Resolved, That in our opinion each of the Southern States should,
as soon as may be, secede from the Union.

Resolved, That provision should be made for a convention, to organ-
ize a confederacy of the seceding States, the convention to meet not
later than the 15th of February, at the city of Montgomery, in the
State of Alabama.

Resolved, That in view of the hostile legislation that is threatened
against the seceding States, and which may be consummated before
the 4th of March, we ask instructions, whether the delegations are to
remain in Congress until that date, for the purpose of defeating such
legislation.

Resolved, That a committee be and is hereby appointed, consisting
of Messrs. Davis, SlideU, and Mallory, to carry out the objects of this
meeting.

second day.*

January 8, 18(51.
« * * * * ■ * *

On this day Mr. Watts placed the following dispatches before the

convention :

Washinoton, January 7, 1861.

The Republicans in the House to-day refused to consider the Border-State com-
nromise, complimented Major Anderson, and pledged to sustain the President.
v:" ' V ' f "j^QQ^^ ^j^ CLOPTON.

Richmond.
Governor Moore :

Legislature passed by 112 to 5 to resist any attempt to coerce a seceding State
by aU the means in her power. What has yom- convention done? Q-o out
promptly, and all will be right.

^ ^ '' A. F. HOPKINS.

F. M. GILMER.

*From Journal of the Alabama Convention.

30 COKRESPONDENCE, ETC.

The Governor sent up the following message in answer to the reso-
lution of yesterday:

Executive Department,
Montgomery, Ala. , January S, 1861.
Gentlemen of the Convention :

In obedience to the resolution adopted by the convention yesterday, reqniring
me to communicate any information I may have respecting the condition of the
country, I herewith transmit such information as is in my possession touching the
public interests, and a brief statement of my acts in regard thereto, and the rea-
sons therefor. All of which are respectfully submitted to the consideration of the
convention.

Very respectfully,

A. B. MOORE.
[iDcloaare.]

The General Assembly at its last session passed unanimously, with two excep-
tions, resolutions requiring the Governor, in the event of the election of a Black
Republican, to order elections to be held for delegates to a convention of the
State. The contingency contemplated having occurred, making it necessary for
me to call a convention, writs of election were issued immediately after the votes
of the Electoral College were cast. It was my opinion that under the x)eculiar
phraseology of the resolutions I was not authorized to order elections upon the
casting of the popular vote. I therefore determined not to do so.

As the slave-holding States have a common interest in the institution of slavery,
and must be common sufferers in its overthrow, I deemed it projwr, and it
appeared to be the general sentiment of the people, that Alabama should consult
and advise with the other slave-holding States, so far as practicable, as to what is
best to be done to protect their interests and honor in the impending crisis. And
seeing that the conventions of South Carolina and Florida would probably act
before the convention of Alabama assembled, and that the Legislatures of some of
the States would meet, and might adjourn without calling conventions, prior to the
meeting of our convention, and thus the opportunity [be lost] of conferring with
them upon the great and vital questions on which you are called to act, I deter-
mined to appoint commissioners to all the slave-hol&ng States. After api>ointing
them to those States whose conventions and Legislatures were to meet in advance
of the Alabama convention, it was suggested' by wise counselors that if I did not
make similar appointments to the other Southern States it would seem to be mak-
ing an invidious distinction, which was not intended. Being convinced that it
^ght be so considered, I then determined to appoint commissioners to all the
slave-holding States, and made the following appointments : A. F. Hopkins and
F. M. Qihner commissioners to Virginia, John A. Elmore commissioner to South
Carolina, I. W. Garrott and Robert H. Smith commissioners to North Carolina,
J. L. M. Curry commissioner to Maryland, David Clopton commissioner to Dela-
ware, S. F. Hale commissioner to Kentucky, William Cooper commissioner to
Missouri, L. P. Walker commissioner to Tennessee, David Hubbard commissioner
to Arkansas, John A. Winston commissioner to Louisiana, J. M. Calhoun com-
missioner to Texas, E. C. Bullock commissioner to Florida, John GUI Shorter
commissioner to Georgia, E. W. Pettus commissioner to Mississippi.

All these gentlemen are well known to the x)eople of Alabama, and distinguished
for their ability, integrity, and patriotism. The following is a copy of the com-
mission to each of them, in substance.* . •'

I herewith transmit to you the reports, so far as they have been received, and
wiU lay before the convention any others that may be made immediately on their
receipt. I trust that my course in the appointment of these commissioners will
meet the approbation of the convention. Having satisfactory evidence to believe
that Alabama would withdraw from the present Union, I considered it my duty
to take such steps as would enable the convention and Legislature to provide the
means of putting the State in a condition to protect and defend her citizens in the
event of her secession. Knowing that the treasury^ was not provided with funds
sufficient for the purpose ; that bonds, at such a crisis, could not be sold out of
the State, except at a great sacrifice, and believing that at such a time additional
taxation upon the people should be avoided, if possible, I determined to take the
resjwnsibility of requesting the banks to suspend specie payments, for the purpose
of retaining their specie to aid the State, provided it should become necessary.

• Omitted.

CONFEDERATE AUTHORITIES. 31

"With this view I addressed a, letter to each of the banks, a copy of which will be
found in the following address to the people of Alabama, published on the [17thJ
day of Decembei', 1860. I refer the convention to this address for a full statement
of the reasons which induced my action in this matter :

"Executive Department,
"Montgomery, Ala., December 17, 1860.
"The People of Alabama:

" Strong appeals have been made to me by many citizens from different sections
of the State to convene the Legislature for the purpose of providing the ways and
means of protecting the interests and honor of the State in the impending crisis,
and for the further purpose of authorizing the banks to suspend specie payments,
to enable them to furnish greater facilities for moving the cotton crop, and thus
relieve, to some extent, the embarrassed condition of the cotton market and the
people. These appeals were made by those whose opinions are entitled to the high-
est respect, and are disconnected vv ^th the banks, either as directors or stockholders.
After giving to the subject the fullest consideration, and viewing it in all its
bearings, I determined not to convene the Legislature, for reasons which I will
now give. I did not doubt, and do not now, that the convention to meet on the
7th of January will determine that Alabama shall withdraw from the present
Union at an early day. Should this contingency occur it will be necessary forth-
with to convene the Legislature to provide for whatever the action of the con-
vention may render necessary in the way of legislation. The imposition upon
the State of the expenses of the convention and two extra sessions of the Legis-
lature at this time, when economy is a matter of the highest consideration, ought
to be avoided if it could be done consistently with the public interests. If the
Legislature could anticipate the action of the convention and provide for it, it
would supersede the necessity of convening after the convention shall have acted;
but this would be impossible.

" It was my opinion that if I issued a proclamation calling an extra session of
the Legislature every one would believe that the object, in part, was to authorize
the banks to suspend specie payments. This would have caused an immediate
run upon them, and would in a great measure have exhausted their specie, and
thus rendered them unable to aid the State in her emergency or relieve the peo-
ple. It appeared to me that these difficulties could, be avoided by the banks and
myself assuming responsibilities which never should be done under any other cir-
cumstances. I considered it a matter of the utmost importance that the specie
in the vaults of the banks should be kept there, so far as it could be done, in
order to aid the State in providing the means to sustain herself in the approach-
ing crisis. It would be inexpedient at such a time to tax the people, and State
bonds could not now be sold except at a great sacrifice. I considered it the duty
of banks, upon whom extraordinary privileges had been conferred, to come to
the aid of the State in her hour of need, and therefore deteradned to request
them at the same time to suspend sx>ecie payments and retain their specie for the
benefit and security of the State so far as nught be necessary. In this way a run
wpon the banks would be avoided, and they would remain in a condition to
relieve the State from immediately taxing her people, or selling bonds at a heavy
discount, and render unnecessary an extra session of the Legislature before
the meeting of the convention. The extension of relief to the people in selling
their cotton crops would follow as an incident. In consideration ^f the premises,
I addressed to each of the banks a letter, of which the following is a copy:

" 'Executive Department,
" ' Montgomery, Ala., December 4., 1860.

" ' The President and Directors of the Central Bank of Alabama,

" ' Montgomery, Ala.:

" ' Gentlemen: The peculiar and extraordinary state of public affairs and the
interest of the State ma^e it a matter of State necessity to retain in the vaults of
the banks all the gold and silver in their possession. From present prospects
there can scarcely be a doubt that Alabama will secede from the Union before
the 4th day of March next. Should that contingency occur, it will be necessary
for the State to raise not less than $1,000,000 in specie, or its equivalent. Under
the circumstances which surround us we could not sell State bonds eitherin the
North or in Europe, except at a ruinous discount ; and it would be inexpedient to
tax the people immediately for that purpose. How, then, can the State secure
the money that may be necessary in her emergency? But one practicable plan
aow presents itself to my mind, and that is, to call upon the banks of the State

32 COERESPONDENCE, ETC.

to come to our aid. The course of events and the suspension of the South Caro-
lina and Geor^a banks will create more or less uneasiness in the minds of biU-
holders, and wiU induce naiany of them to draw the specie from the banks to the
extent of the notes they may hold, and thus render the banks unable to aid the
■State as they otherwise could do. I am strongly urged, from various parts of
the State, to convene the Legislature for the purpose of authorizing the banks to
suspend specie payments and thus enable them to retain their specie for the pur-
poses suggested. I have reflected much and anxiously upon the subject. I am
satisfied, were I to convene the Le^slature for the purpose stated, that it would
produce a run on the banks and in a great measure esJiaust their specie and
defeat the object I have in view.

" ' With the view, then, of enabling the banks to retain their specie for the pur-
pose aforesaid, I deem it my duty, under the circimistances, to advise and request
them to suspend, all at the same time. The high and patriotic motives which
would induce the act would sustain the banks and me. There can be no doubt
that the convention and Legislature, soon to meet, will sustain and legalize the
act. I will sanction it, and will institute no proceedings against them; and in
my message to the Legislature and convention wUl urge them to sanction the
act, which I am sure they vrill do. If need be, after the suspension, I will write
an address to the people of the State, stating the facts and circumstances under
which the step was taken. I am satisfied that the banks are in a sound condition
and can maintain it through the present crisis, but it will render them unable to

five the State that aid she will need. I have written similar letters to all the
anks. The contents of this communication are respectfully submitted to your
consideration.

" ' Very respectfully, your obedient servant,

'"A. B. MOORE.'

"At my suggestion and request, and for the purposes stated in my letter, the
Commercial Bank at Selma, the Central Bank at Montgomery, and the Eastern
Bank at Eufaula suspended this day. It is due to those banks that I should say
(being advised of their condition) that they are able to sustain themselves through
the crisis, and that they have taken this important step with the high and patri-
otic motive of sustaining the State, as shown by the response of each of them to
my letter. Their letters are filed in my ofSce, and would have been published but
for the length they would give this communioation. There is no necessity for any
depreciation in their notes, as there can be no question of their solvency. The
circumstances imder which they have suspended should relieve them from any
censure. If censure is to fall upon any one it should be upon me, and I rely for
my justification upon the manifest propriety and necessity of the act, as well as
the motives which induced it. The Bank of Mobile and the Southern Bank of
Alabama decline to suspend, but patriotically pledge themselves to raise their
proiwrtion of the amount suggested in my letter should there be a necessity for
it. These two banks being located in Mobile can procure specie and exchange
with more facility than the banks in the interior, and are not so liable to be prej-
udiced by the suspended banks of South Carolina and Georgia. Hence their
ability to aid the State without suspending specie payments. The Northern Bank
at Huntsville also declines to suspend, on account of jwculiar circumstances
which surround it. I have now briefly stated the circumstances and facts con-
nected with the suspension of three of our banks, in accordance with the promise
contained in my letter, and hope they will be satisfactory t»the enlightened and
patriotic people of Alabama, for whose benefit this great responsibility has been
assumed.

"A. B. MOORE."

I am authorized to say that the banks are prepared to loan the State their pro-
I)ortionate share of $1,000,000 should her necessities require it. The convention
is aware that I have had Fort Morgan, Fort Gaines, and Mount Vernon [Arsenal]
occupied by the troops of Alabama. My reasons for this important step are
briefly and plainly set forth in the following letter to the President of the United
States as soon as I was ofiBcially informed that the forts and arsenal had been
occupied.*

The forts and arsenal will be held subject to such instructions and directions
as the convention may think proper to give. Strict orders have been given the
ofl&cers in command at the places mentioned to take an inventory of the arms and
ammunition and public stores, and see that all are protected and preserved.

*For the Governor's letter (here omitted), dated January 4, 1861, see Series I,
Vol. I, p. 327.

CONFEDERATE AUTH0KITIE8. 33

I am ftJly aware that in all I have done in re^xd to the matters herein com-
municated I have taken great responBibilities. For my justification I rely upon
the propriety and necessity of the course I have taken and upon the wisdom and
patriotism of the convention and people of Alabama. In this great and trying
crisis I have done all I could do to prepare the State for any emergencies that might
occur. The great and responsible duty of protecting the rights, interests, and
honor of Alabama xS now imposed on the convention, and I do not doubt that her
present proud and high position will be maintained. May the God of wisdom and
justice guide you in your counsels.

A. B. MOORE.

The president laid before the convention the following telegraphic
dispatches from the Hon. Edmund W. Pettus, commissioner from
Alabama \a Mississippi, and from the Hon. E. C. Bullock, commis-
sioner from Alabama to Florida :

Jackson, Miss., January 7, 1861.
A resolution has been passed to raise a committee of fifteen to draft the ordi-
nance of secession..

E. W. PETTUS.

The convention met at 12. Mr. Barry is president. The State will probably
secede to-morrow or next day.

E. W. PETTUS.

Tallahassee, Fla., January 7, 1861.
_ Convention by vote of 163 to 5 adopted resolutions in favor of immediate seces-
sion. Committee appointed to prepare ordinance of secession.

E. C. BULLOCK.

Washington, D. C, Jamtary 8, 1861.
His Excellency A. B. Moore,

Montgomery, Ala.:
Snt: In the discharge of the duties imposed by your appointment
of commissioner from the State of Alabama to the State of Delaware,
I prepared and delivered in person to His Excellency William Burton
a communication in writing, which I requested should also be sub-
mitted to the Legislature, then in session, and a copy of which I here-
with transmit to you. The health of my family prevented me from
spending as much time with the Governor and Legislature as it was
my wish and intention to have done. No reply to my communication
has been received. I was assured that the State of Alabama had the
sympathy of many of the citizens of Delaware in this trying emer-
gency, although the members of the Legislature, not*having been
elected in view of the present crisis, would not probably give expres-
sion by a majority vote to this sympathy. From the best information
which I received, I have no hesitation in assuring Your Excellency
that, whilst the people of Delaware are averse to a dissolution of the
Union and favor a convention of the Southern States, perhaps of all
the States, to adjust and compromise if possible existing difficulties,
yet, in the event of dissolution, however accomplished, a large
majority of the people of Delaware will defend the South. An effort
will be made to procure the call of a convention by the Legislature,
which it is hoped will be successful; and then the people of Delaware
can decide their own course according to their own conceptions of the
requirements of honor, safety, and right. It gives me pleasure to
report to Your Excellency my cordial reception by the officers of the

3 R E — SERIES IV, VOL I

34 CORRESPONDENCE, ETC.

Executive Department of the State of Delaware, and my very agree-
able intercourse with them and many of the members of the Legis-
lature.

I have the honor to remain, very truly, yours,

DAVID CLOPTON.

[Indosare.]

Dover, Del., January 1, 1861.

Sir: 1 have the honor to transmit to you the accompanying papers,*
including a commission from the Governor of the State of Alabama,
appointing the undersigned commissioner to the sovereign State of
Delaware " to advise and consult with His Excellency Governor Wil-
liam Burton and the members of the Legislature or State convention,
as the case may be, of said State, as to what is best to be done to pro-
tect the rights, interests, and honor of the slave-holding States."
With a due appreciation of the delicacy and responsibility of the trust
confided, and from an earnest desire to discharge its duties in the
manner most conducive to the harmony and co-operation so eminently
proper in present emergencies, I address Your Excellencj' this com-
munication and request that it be submitted to your Legislature.
The necessity of such consultation and of the appointment of a com-
missioner for the purpose expressed implies that these rights, inter-
ests, and honor are endangered. The causes which have produced,
upon the part of the people and Governor of the State of Alabama,
this not merely apprehension, but conviction of danger, are indicated
in the accompanying commission. In the succession of party tri-
umphs and defeats whicli have marked the political history of the
country, the power and patronage of the Executive Department of
the Federal Government will on the 4th of March next pass for the
first time under the control of a purely sectional party, which has
succeeded by a purely sectional vote. The principles and purposes
of this party, as defined in its platforms and by its leaders and
presses, are too well understood to render it necessary for me to recall
them in detail to the notice of Your Excellency. The fact that it is a
sectional party includes the additional fact that its aim will be, by all
the means of legislation and of the administration of the Govern-
ment, to promote and foster the interests and internal prosperity of
one section, and to debase the institutions, weaken the power, and
impair the interests of the other section. Its animus, its single bond
of union, is hostility to the institution of slavery as it exists in the
Southern States. Its members, numbering nearly' two millions of
voters, as evidenced by the late Presidential election, have been col-
lected from all the other various political organizations, and although
disagreeing totally upon other important political principles, have
nevertheless ignored all these, and been molded into a compact mass
of enmity to this particular institution, upon which depend the domes-
tic, social, and political interests of fifteen States of the Union, and
which institution was recognized, respected, guarded, and protected
by the convention which framed the Constitution and by the people
of the States by whom it was ordained and established.

The slave-holding States, notwithstanding the vastness of their
interests at stake, will be either unrepresented in the Cabinet coun-
cils of the incoming Administration or represented by men who sym-
pathize with this party in its purpose. The same policy will be

*Not found.

CONFEDERATE AUTHORITIES. 35

pursued by the Executive Department which the President-elect
recommended in a public address, when, after having declared the
ends to be accomplished, he said:

To do these things we must employ mstrmaentalities ; we must hold conven-
tions ; we must adopt platforms, if we conform to the ordinary custom ; we must
nominate candidates, and we must carry elections. In all these things I think
we ought to keep in view our real purpose, and in none do anything that stands
adverse to our purpose.

Those men who direct the sentiment, purpose, and action of this
party have notified the people of the slave-holding States that the
past policy of the Federal Government is now to be wholly changed;
that those principles which have secured our present respect abroad
and our past internal prosperity are to be superseded by others which
are adverse to the true theory, nature, and designs of the federal
government. Mr. Lincoln has left us in no doubt as to his policy.
In the address before alluded to, which he delivered at Cincinnati in
September, 1859, he emphatically declared :

I think we want, and must have, a national policy in regard to the institution
of slavery that acknowledges and deals with that institution as being wrong.
Whoever desires the prevention of the spread of slavery and the nationalization
of that institution yields all when he yields to any policy that either recognizes
slavery as being right or as berug an indifferent thing. Nothing will make you
successful but setting up a policy which shall treat the thing as being wrong.
When I say this I do not mean to say that this General Government is charged
with the duty of redressing or preventing all the wrongs in the world, but I do
think that it is charged with preventing and redressing all wrongs which are
wrongs to itself. This Government is expressly charged with the duty of pro-
viding for the general welfare. We believe that the spreading and perpetuity of
the institution of slavery impairs the general welfare. We believe, nay, we know,
that that is the only thing that has ever threatened the perpetuity of the Union
itself. The only thing which has ever menaced the destruction of the Govern-
ment under which we live is this very thing. To repress this thing is, we think,
providing for the general welfare.

He maj' suppose that the people of the slave-holding States will be
satisfied with the assurance that he does not intend to interfere with
slavery in the States; but, in thus supposing, he supposes further,
that they have not the manhood and honor to assert and maintain, or
do not possess the intelligence to understand, their rights in the Terri-
tories or wherever else the jurisdiction of the Government extends,
and that they are willing to surrender all the outposts, and leave the
citadel unguarded, liable to first covert then open attacks. Notwith-
standing this assurance, common sense and experience, our knowl-
edge of human nature and all history, teach that, believing slavery to
be a moral and political evil, a wrong to the Government, and that
these States cannot exist half free and half slave, Mr. Lincoln will
exert all his powers, influence, and patronage "to place it where the
public mind shall rest in the belief that it is in the course of ultimate
extinction." From these principles and this avowed policy the follow-
ing propositions may be correctly deduced :

The success of "Republicanism" Ignores the sovereignty and disre-
gards the rights of the States by disallowing the concurrent majorities
established by the Constitution and perverting the powers of the Fed-
eral Government to the redressing of what it may consider to be a
wrong in the social, domestic, or local institutions and regulations of
any of the States, and by converting that which was intended to be a
federal republic into a consolidated, centralized power, a despotism
of numbers. Its success destroys the equality of the States by a
denial of common and equal rights in the common territories; by the

36 COEEESPONDENCE, ETC.

effectual exclusion of any representative voice on behalf of the slave-
holding States in the management of a co-ordinate department of the
Government, and by the declared intent to administer that depart-
ment in a manner hostile to their peace, safety, and prosperity.

Its success subverts and defeats the ends of the Constitution.
Instead of forming a more perfect union it has dissolved the Union
by compelling the secession of one of its members and the anticipated
secession of others. Instead of establishing justice it denies justice
to fifteen of the States by refusing to admit any more slave States
into the Union, and by the enactment of laws to prevent the rendition
of fugitive slaves. It endangers instead of insuring domestic tran-
quillity by the possession of the channels through which to circulate
insurrectionary documents and disseminate insurrectionary senti-
ments among a hitherto contented servile population. It neglects
instead of providing for the common defense by permitting within
the limits of some of the States the organization of plans for the
armed invasion of others, and by refusing to surrender the criminals
when fugitives from justice. It disregards and impairs instead of
promoting the general welfare by compassing the destruction of an
inestimable amount of property with all its direful consequences. It
will rob us of instead of securing to ourselves and our posterity the
blessings of liberty by the extinction of a great domestic and social
institution, by the overthrow of self-government and the establish-
ment of an equality of races in our midst. Its success overthrows the
fundamental principles of the Revolution by denying the freedom of
property. This freedom of property is the corner stone of social
happiness. As has been said :

The rights of life, liberty, and property are bo intimately blended together
that neither can be lost in a state of society without all; or, at least, neither can
be impaired without wounding the others.

To maintain the value of property and realize its fullest advan-
tages there must be guaranteed permanence, security, and protection.
"Republicanism" proposes to place the right to property in slaves
under the ban of a consolidated, centralized General Government, and
threatens to employ all its powers and resources to the consummation
of the single purpose of destroying this single species of property.
When this shall be done, the right to "life, liberty, and the pursuit
of happiness" must be involved In common ruin, for the admission of
sovereignty in a government admits the universal claim of govern-
mental sovereignty to despotic power over all these, whether it is in
form a monarchy, a democracy, or a republic. From these consider-
ations Your Excellency must concur in the ol)iuion expressed by the
Governor of the State of Alabama, that —

The success of said party and the power which it now has and will soon acquire

freatly endanger the peace, interests, security, and honor of the slave-holding
tates, and make it necessary that prompt and efficient measures should be
adopted to avoid the evils which must result from a Eepublican administration
of the Federal Government.

You cannot be surprised that, in the opinion of the people of
Alabama, the time has arrived when imperious necessity and self-pres-
ervation require them to exercise their right to abolish the present
Government and institute a new one, laying its foundation in such
principles and organizing its powers in such form as to them shall
seem most likely to effect their safety and happiness. I am impressed
with a sense of this necessity, and contemplating the possible success

CONFEDERATE AUTHORITIES. 37

of this party, the General Assembly of Alabama at the session of
1859-'60 adopted joint resolutions by which it was made the duty of
the Governor, upon the election of its candidates for the Presidency
and Vice-Presidency, to call a convention of the people to "consider,
determine, and do whatever, in the opinion of said convention, the
rights, interests, and honor of the State of Alabama require to be done
for their protection." The Governor, by authority of said joint reso-
lutions, and with the full concurrence of his own opinion, did, on the
6th day of this month, issue a proclamation calling said convention to
assemble on the 7th day of January next. Commissioned to advise
and consult with Your Excellency, it would be improper to declare at
this time and in this communication what, in my opinion, will be the
action of that convention. I will simply suggest that the hope of
obtaining new and sufficient guaranties, by way of constitutional
amendments or otherwise, has abandoned the heai'ts of all, even the
most moderate Southern men. The expressions of Republican presses
and the representative men in and out of Congress, the futile efforts
of the Senate and House committees, and the persistent silence of
Mr. Lincoln have extinguished the last ray of such hope. But even
if new guaranties could be obtained, they can bring no sense of
security to the Southern mind ; they would prove a temporary and
delusive truce, a broken reed to pierce hereafter. The slave-holding
States have never complained of the insufficiency of the Constitution
or of the want of additional and further guaranties. They have
asked no more than the faithful observance of those which are con-
tained in the present Constitution. New guaranties will be utterly
valueless without an entire revolution in the public temper, prejudices,
opinions, sentiments, and education of the people of the non-slave-
holding States. Laws passed in compliance with such new guaran-
ties for the security and protection of property in slaves will avail
nothing where their execution depends upon the Republican appointees
of a Republican President.

Speaking from what I am assured is the determination of the people
of the State of Alabama and from what I know to be the opinion of
her Governor, they do not propose to violate any section or clause of
the Constitution in this movement. Whilst Alabama continues a mem-
ber of the Union the people and Chief Executive intend, as it is their
proud boast to have ever done, to regard and observe that instrument
as a sacred compact. Hence the State of Alabama, being in the
Union and prohibited by the third clause of the tenth section of the
first article of the Constitution, does not propose co-operation in
the sense of entering into any agreement or co.mpact»with another
State or States to abolish the Federal Government or to secede from
the Union. After the State has seceded by separate State action,
this prohibition of the Constitution no longer restrains or operates
upon the sovereign right "to contract alliances, and do all the other
acts and things which independent States may of right do." This
sufficiently answers the objection, so constantly urged, that several of
the cotton States are determined to precipitate the act of secession,
and disregard the situation and interests of their sister slave-holding
States by refusing to meet them in convention. The people of Ala-
bama recognize the right of the people of each other State to decide
upon any infraction of their rights by the Federal Government, and
to determine the mode and measure of redress.

The people of Alabama, however, also understand and will observe
the comity which should exist between sovereign States, and especially

38 CORRESPONDENCE, ETC.

between the slave-holding States. They fully appreciate the position
and condition of the border slave-holding States, and are willing and
ready to engage with them in a defense of common rights and safety.
Identity of interest is a bond of sympathy. Similar dangers suggest
the propriety of similar and simultaneous action, as far as practi-
cable. The withdrawal of all the slave-holding States and the organi-
zation of a Southern confederacy would possess a moral, political, and
physical power which no government would dare to oppose. Yet the
people of Alabama will not assume or pretend to dictate to the intel-
ligent, brave, and patriotic people of the State of Delaware what
course their safety, interests, and honor require them to adopt, believ-
ing that they are competent and have the right to decide by and for
themselves. They ask only to advise and consult together.

To secure such consultation, in order to be informed of the views
and opinions of the citizens of other States and to show a due respect
for these views and opinions, at the same time avoiding any semblance
of a violation of the Constitution, the Governor of Alabama has
appointed a commissioner to each of the slave-holding States. It will
be my pleasure to advise and consult with Your Excellency and the
members of the Legislature, so far as may be agreeable and practi-
cable, and to communicate the views and purposes of Your Excellency
and the sentiments and desires of the people of Delaware to the Gov-
ernor of the State of Alabama by the time of the meeting of the State
convention.

I have the honor to be, very respectfully, sir,

DAVID CLOPTON.

Montgomery, Ala., January S, 1861.

His Excellency A. B. Moore,

Montgomery, Ala.:

Sir: Acting under the authority of the commission received from
you, I visited Annapolis to confer in person with the Governor of
Maryland. He was absent, and I submitted the inclosed letter, with
the request that it be laid before the Legislature when it should be
convened. The Governor, prior to my visit, had declined, on the
application of the commissioner from Mississippi, and numerous
requests, more or less formally presented, from citizens of Maryland,
to convene the Legislature to consider the present condition of politi-
cal affairs. From conversation with prominent citizens, and from
other sources, I am firmly of the opinion that M'aryland will not
long hesitate to make common cause with her sister States which
have resolutely and wisely determined not to submit to Abolition
domination.

I have the honor to be, with high respect, your obedient servant,

J. L. M. CURRY.

[Inclosnre.]

Annapolis, Md., December 28, 1860.
Hon. Thomas H. Hicks,

Annapolis, Md.:
Sir : The Governor of the sovereign State of Alabama has appointed
me a commissioner to the sovereign State of Maryland ' ' to consult
and advise " with the Governor and Legislature thereof "as to what

CONPEDEEATE AUTHORITIES. 39

is best to be done to protect the rights, interests, and honor of the
slave-holding States," menaced and endangered by recent political
events. Having watched with painful anxiety the growth, power, and
encroachments of anti-slaveryism, and anticipating for the party held
together by this sentiment of hostility to the rights and institutions
of the Southern people a probable success, too fatally realized, in the
recent Presidential election, the General Assembly of Alabama, on
the 24th of February, 1860, adopted joint resolutions providing, on
the happening of such a contingency, for a convention of the State
"to consider, determine, and do whatever the rights, interests, and
honor of Alabama require to be done for their protection. " In accord-
ance with this authority the Governor has called a convention to meet
on the 7th day of January, 1861, and on the 24th instant delegates
were elected to that body. Not content with this simple but signifi-
cant act of convoking the sovereignty of the people, the State affirmed
her reserved and undelegated right of secession from the confederacy,
and intimated that continued and unceasingly violent assaults upon her
rights and equality might " constrain her to a reluctant but early exer-
cise of that invaluable right." Recognizing the common interests
and destiny of all the States holding property in the labor of Afri-
cans, and "anxiously desiring their co-operation in a struggle which
perils all they hold most dear," Alabama pledged herself to a " cordial
participation in any and every effort which, in her judgment, will
protect the common safety, advance the common interest, and serve
the common cause."

To secure concert and effective co-operation between Maryland and
Alabama is in a great degree the object of my mission. Under our
federative system each State, being necessarily the sole judge of the
extent of powers delegated to the general agent and controlling the
allegiance of her citizens, must decide for herself in case of wrong upon
the mode and measure of redress. Within the Union the States have
absolutely prohibited themselves from entering into treaties, alliances,
and confederations, and have made the assent of Congress a condi-
tion precedent to their entering into agreements or compacts with
other States. This constitutional inhibition has been construed to
include "every agreement, written or verbal, formal or informal,
positive or implied, by the mutual understanding of the parties."
Without indorsing this sweeping judicial dictum, it will be conceded
that if the grievance or apprehension of danger be so great as to ren-
der necessary or advisable a withdrawal from the confederacy there
can be between the States similarly imperiled, prior to separation,
only an informal understanding for prospective concert and federa-
tion. To enter into a binding "agreement or compact" would violate
the Constitution, and the South should be careful not to part with
her distinguishing glory of having never, under the most aggravating
provocations, departed from the strictest requirements of the Federal
covenant nor suggested any proposition infringing upon the essential
equality of the co-States. It is, nevertheless, the highest dictate of
wisdom and patriotism to secure, so far as can be constitutionally
done, "a mutual league, united thoughts and counsels," between
those whose hopes and hazards are alike joined in the enterprise of
accomplishing deliverance from Abolition domination. To Your
Excellency or so intelligent a body as the Legislature of Maryland it
would be superfluous to enter into an elaborate statement of the
policy and purposes of the party which, by the recent election, will
soon have the control of the General Government. The bare fact

40 COEEESPONDENCE, ETC,

that the party is sectional and hostile to the South is a full justifica-
tion for the precautionary steps taken by Alabama to provide for the
escape of her citizens from the peril and dishonor of submission to its
rule. Superadded to the sectional hostility the fanaticism of a senti-
ment which has become a controlling political force, giving ascend-
ancy in every Northern State, and the avowed purpose, as disclosed
in party creeds, declarations of editors, and utterances of representa-
tive men, of securing the diminution of slavery in the States and
placing it in the course of ultimate extinction, and the South would
merit the punishment of the simple if she passed on and provided no
security against the imminent danger.

When Mr. Lincoln is inaugurated it will not be simply a change of
administration — the installation of a new President — but a i-eversal
of the former practice and policy of the Government, so thorough as
to amount to a revolution. Cover over its offensiveness with the
most artful disguises, and the fact stands out in its terrible reality
that the Government, within the amplitude of its jurisdiction, real or
assumed, becomes foreign to the South, and is not to recognize the
right of the Southern citizen to property in the labor of African
slaves. Heretofore Congress, the Executive, and the judiciary have
considered themselves, in their proper spheres, as under a constitu-
tional obligation to recognize and protect as property whatever the
States ascertained and determined to be such. Now, the opinion of
nearly every Republican is, that the slave of a citizen of Maryland,
in possession of and in company with his master, on a vessel sail-
ing from Baltimore to Mobile, is as free as his master, entitled to
the same rights, privileges, and immunities, as soon as a vessel has
reached a marine league beyond the shores of a State and is outside
the jurisdiction of State laws. The same is held if a slave be carried
on the territory or other property belonging to the United States, and
it is denied by all Republicans that Congress or a Territorial Legisla-
ture or any individuals can give legal existence to slavery in any Ter-
ritory of the United States. Thus, under the new Government,
property which existed in every one of the States save one when the
Government was formed, and is recognized and protected in the Con-
stitution, is to be proscribed and outlawed. It requires no argument
to show that States whose property is thus condemned are reduced to
inferiority and inequality.

Such being the principles and purposes of the new Government and
its supporters, every Southern State is deeply interested in the protec-
tion of the honor and equality of her citizens. Recent events occur-
ring at the Federal capital and in the North must demonstrate to the
most incredulous and hopeful that there is no intention on the part of
the Republicans to make concessions to our just and reasonable
demands or furnish any securities against their wrongdoing. If their
purposes were right and hannless, how easy to give satisfactory assur-
ances and guaranties. If no intention to harm exists, it can be neither
unmanly nor unwise to put it out of their power to conimit harm.
The minority section must have some other protection than the dis-
cretion or sense of justice of the majority, for the Constitution as
interpreted, with a denial of the right of secession or State interposi-
tion, affords no security or means of redress against a hostile and
fanatical majority. The action of the two committees in the Senate
and House of Congress shows an unalterable purpose on the part of
the Republicans to reap the fruits of their recent victory, and to abate
not a jot or tittle of their Abolition principles. They refuse to recog-

CONFEDERATE AUTHORITIES, 41

nize our rights of property in slaves, to make a division of the terri-
tory, to deprive themselves of their assumed constitutional power to
abolish slavery in the Territories or District of Columbia, to increase
the eflSciency of the fugitive slave law, or make provision for the
compensation of the owners of runaway or stolen slaves, or place in
the hands of the South any protection against the rapacity of an
unscrupulous majority.

If our present undoubted constitutional rights were reaflBrmed in,
if possible, more explicit language, it is questionable whether they
would meet with more successful execution. Anti-slavery fanaticism
would probably soon render them nugatory. The sentiment of the
sinfulness of slavery seems to be embedded in the Northern conscience.
An infidel theoi-y has corrupted the Northern heart. A French orator
said the people of England once changed their religion by act of Par-
liament. Whether true or not, it is not probable that the settled con-
victions at the North, intensely adverse to slavery, can be changed
by Congressional resolutions or constitutional amendments. Under
Republican rule the revolution will not be confined to slavery and its
adjuncts. The features of our political system which constitute its
chief excellence and distinguish it from absolute governments are to
be altered. The radical idea of this confederacy is the equality of
the sovereign States and their voluntary assent to the constitutional
compact. This, from recent indications, is to be changed, so that to
a great extent power is to be centralized at Washington, Congress is
to be the final judge of its powers. States are to be deprived of a
reciprocity and equality of rights, and a common government, kept in
being by force, will discriminate offensively and injuriously against
the property of a particular geographical section.

With Alabama, after patient endurance for years and earnest expos-
tulation with the Northern States, the reluctant conviction has become
fixed that there is no safety for her in a hostile Union governed by an
interested sectional majority. As a sovereign State, vitally interested
in the preservation and security of Africar slavery, she will exercise
the right of withdrawing from the compact of union. Most earnestly
does she desire the co-operation of sister Southern States in a new
confederacy, based on the same principles as the present. Having no
ulterior or unavowed purposes to accomplish, seeking peace and
friendship with all people, determined that her slave population, not
to be Increased by importations from Africa, shall not be localized and
become redundant by excess of growth beyond liberty of expansion,
she most cordially invites the concurrent action of all States with
common sympathies and common interests. Under an abolition Gov-
ernment the slave-holding States will be placed under a common ban
of proscription, and an institution, interwoven in the very frame-work
of their social and political being, must perish gradually or speedily
with the Government in active hostility to it. Instead of the culture
and development of the boundless capacities and productive resources
of their social system, it is to be assaulted, humbled, dwarfed , degraded,
and finally crushed out.

To some of the States delaying action for new securities the ques-
tion of submission to a dominant abolition majority is presented
in a different form from what it was a few weeks ago. One State
has seceded; others will soon follow. Without discussing the pro-
priety of such action, the remaining States must act on the facts as
they exist, whether of their own creation or approval or not. To
unite with the seceding States is to be their peers as confederates and

42 CORRESPONDENCE, EtC.

have an identity of interests, protection of property, and superior
advantages in the contest for the markets, a monopoly of which has
been enjoyed by the North. To refuse union with the seceding States
is to accept inferiority, to be deprived of an outlet for surplus slaves,
and to remain in a hostile Government in a hopeless minority and
remediless dependence. It gives me pleasure to be the medium of com-
municating with you, and through you to the Legislature of Maryland
when it shall be convened. I trust that between Maryland and Ala-
bama, and other States having a homogeneous population, kindred
interests, and an inviting future of agricultural, mining, mechanical,
manufacturing, commercial, and political success, a iinion, strong as
the tie of affection and lasting as the love of liberty, will soon be
formed, which shall stand as a model of a free, representative, consti-
tutional, voluntary republic.

I have the honor to be, with much respect, your obedient servant,

J. L. M. CURRY.

AK ORDINANCE to dissolve the union between the State of Mississippi and
other States united with her nnder the compact entitled " The Constitution of
the United States of America."

The people of the State of Mississippi, in convention assembled, do
ordain and declare, and it is hereby ordained and declared, as follows,
to ivit :

Section 1. That all the laws and ordinances by which the said
State of Mississippi became a member of the Federal Union of the
United States of America be, and the same are hereby, repealed, and
that all obligations on the part of the said State or the people thereof
to observe the same be withdrawn, and that the said State doth
hereby resume all the rights, functions, and powers which by any of
said laws or ordinances were conveyed to the Government of the said
United States, and is absolved from all the obligations, restraints,
and duties incurred to the said Fedei-al Union, and shall from hence-
forth be a free, sovereign, and independent State.

Sec. 2. That so much of the first section of the seventh article of
the constitution of this State as requires members of the Legislature
and all officers, executive and judicial, to take an oath or affirmation
to support the Constitution of the United States be, and the same is
hereby, abrogated and annulled.

Sec. 3. That all rights acquired and vested under the Constitution
of the United States, or under any act of Congress passed, or treaty
made, in pursuance thereof, or under any law of this State, and not
incompatible with this ordinance, shall remain in force and have the
same effect as if this ordinance had not been passed.

Sec. 4. That the people of the State of Mississippi hereby consent
to form a federal union with such of the States as may have seceded
or may secede from the Union of the United States of America, upon
the basis of the present Constitution of the said United States, except
such parts thereof as embrace other portions than such seceding
States.

Thus ordained and declared in convention the 9th day of January,
in the year of our Lord 1861.

WILLIAM S. BARRY,

President.
F. A. POPE,

Secretary.

CONFEDERATE AtJTHOEITIES. 43

In testimony of the passage of which and the determination of the
members of this convention to uphold and maintain the State in the
position she has assumed by said ordinance, it is signed by the presi-
dent and members of this convention this the 15th day of January,
A. D. 1861.

Office of Secretary of State,

Jackson, Miss.
I, C. A. Brougher, secretary of state of the State of Mississippi, do
hereby certify that the above is a correct copy of the original ordi-
nance of secession as the same remains on file in my office.

Given under my hand and the great seal of the State of Mississippi,
hereto affixed, this the 17th day of January, A. D. 1861.

[SEAL.] C. A. BROUGHER,

Secretary of State.

[January 9, 1861. — For order of Governor Moore, of Louisiana,
authorizing the enrollment of a company of volunteers for four
months' service, see Series I, Vol. LIII, p. 611.]

AN ORDINANCE to dissolve the union between the State of Alabama and other
States united under the compact styled '• The Constitution of the United States
of America."*

Whereas, the election of Abraham Lincoln and Hannibal Hamlin to
the offices of President and Vice-President of the United States of
America bj' a sectional party avowedly hostile to the domestic insti-
tutions and to the pence and security of the people of the State of
Alabama, preceded by many and dangerous infractions of the Con-
stitution of the United States by many of the States and people of
the Northern section, is a political wrong of so insulting andmenacing
a character as to justify the people of the State of Alabama in the
adoption of prompt and decided measures for their future peace and
security: Therefore,

Be it declared and ordained by the people of the State of Alabama
in convention assembled, That the State of Alabama now withdraws,
and is hereby withdrawn, from the Union known as "the United
States of America," and henceforth ceases to be one of said United
States, and is, and of right ought to be, a sovereign and independent
State.

Sec. 2. Be it further declared and ordained by the "people of the
State of Alabama in convention assembled, That all the powers over
the territory of said State and over the people thereof heretofore del-
egated to the Government of the United States of America be, and
they are hereby, withdrawn from said Government, and are hereby
resumed and vested in the people of the State of Alabama.

Be it resolved by the people of Alabama in convention assembled.
That the people of the States of Delaware, Maryland, Virginia, North
Carolina, South Carolina, Florida, Georgia, Mississippi, Louisiana,
Texas, Arkansas, Tennessee, Kentucky, and Missouri be, and are
hereby, invited to meet the people of the State of Alabama, by their
delegates in convention, on the 4th day of February, A. D. 1861, at
the city of Montgomery, in the State of Alabama, for the purpose of

* Prom Journal of the Alabama Convention.

44 CORRESPONDENCE, ETC.

consulting with each other as to the most effectual mode of securing
concerted and harmonious action in whatever measures may be
deemed most desirable for our common peace and security.

And be it further resolved, That the president of this convention be,
and is hereby, instructed to transmit forthwith a copy of the foregoing
preamble, ordinance, and resolutions to the Governors of the several
States named in said resolutions.

Done by the people of the State of Alabama, in convention assem-
bled, at Montgomerj', on this the 11th day of January, A. D. 1861.

Mr. Clemens, from the minority of the same committee, made a
report with resolutions, as follows:

The undersigned, a minority of the committee of thirteen, to whom was referred
all matters touching tlie proper mode of resistance to be adopted by the State of
Alabama in the present emergency, beg leave to present the following report :

Looking to harmony of action among our own people as desirable above all
other things, we have been earnestly desirous of concurring with the majority in
the line of policy marked out by them, but after the most careful consideration
we have been unable to see in separate State secession the most efiEectual mode of
guarding our honor and securing our rights. Without entering into any argu-
ment upon the nature and amount of our grievances, or any speculations as to the
probability of our obtaining redress and security in the Union, but looking alone
to the most effectual mode of resistance, it seems to us that this great object Ijs
best to be attained by the concurrent and concerted action of all the States inter-
ested, and that it becomes us to make the effort to obtain that concurrence before
deciding finally and conclusively upon our own policy.

We are further of opinion that in a matter of this importance, vitally affecting
the property, the lives, and the liberties of the whole people, sound policy dictates
that an ordinance of secession should be submitted for their ratification and
approval. To that end the resolutions which accompany this report have been
prepared and are now submitted to the convention. The undersigned purposely
refrain from a detailed statement of the reasons which have brought them to the
conclusions at which they have arrived. The action proposed by the majority of
the committee is, in its nature, final and .conclusive ; there is no chance for
rehearing or revision ; and we feel no disposition to submit an argument, whose
only effect will be to create discontent and throw difficulties in the way of a
policy the adoption of which we are powerless to prevent. In submitting our
own plan, and using all fair and honorable means to secure its acceptance, our
duty is fully discharged. To insist upon objections, when they can have no effect
but to excite dissatisfaction among the people, is alike foreign to our feelings and
our conceptions of patriotic duty. The resolutions hereinbefore referred to are
prayed to be taken as part of this report, and the whole is herewith respectfully
submitted.

JERE. CLEMENS.
DAVID P. LEWIS.
WM. O. WINSTON.

A. KIMBALL.
R. S. WATKINS.

B. JEMISON, Jr.

Whereas, rei)eated infractions of the Constitution of the United States by the

rple and States of the Northern section of the confederacy have been followed
the election of sectional candidates, by a strictly sectional vote, to the Presi-
dency and Vice-Presidency of the United States, upon a platform of principles
insulting and menacing to the Southern States ; and whereas, it becomes a free
people to watch with jealous vigilance and resist with manly firmness every
attempt to subvert the free and equal principles ujjon which our Government
was originally founded and ought alone to be maintained : Therefore,

Be it resolved by the people of Alabama in convention assembled, That the States
of Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia,
Florida, Mississippi, Louisiana, Texas, Ai'kansas, Tennessee, Kentucky, and Mis-
souri be, and they are hereby, requested to meet us in general conveniion in the
city of Nashville, in the State of Tennessee, on the 22d day of February, 1861, for
the purpose of taking into consideration the wrongs of which we have cause to
complain, the appropriate remedy therefor, and the time and manner of its
application.

CONFEDERATE AUTHORITIES. 45

Be it further resolved. That the State of Alabama shall be represented in said
convention by nine delegates, one to be selected from each Congressional district
and two from the State at large, in such manner as shall hereafter be directed
and provided for by this convention.

Be it further resolved, That our delegates selected shall be instructed to submit
to the general convention the folio-wing basis of a settlement of the existing diffi-
culties between the Northern and the Southern States, to wit:

1. A faithful execution of the fugitive slave law and a repeal of all State laws
calculated to impair its efficacy.

2. A more stringent and explicit provision for the surrender of criminals
charged with offenses against the laws of one State and escaping into another.

3. A guaranty that slavery shall not be abolished in the District of Columbia,
or in any other place over which Congress has exclusive jurisdiction.

4. A guaranty that the interstate slave-trade shall not be interfered with.

5. A protection to slavery in the Territories, while they are Territories, and a
guaranty that when they ask for admission as States they shall be admitted into
the Union with or without slavery as their constitutions may prescribe.

6. The right of transit through free States with slave property.

7. The foregoing clauses to be irrepealable by amendments to the Constitution.
Be it further resolved. That the basis of settlement prescribed in the foregoing

resolution shall not be regarded by our delegates as absolute and unalterable, but
as an indication of the opinion of this convention, to which they are expected to
conform as nearly as may be, holding themselves, however, at liberty to accept
any better plan of adjustment which may be insisted upon by a majority of the
slave-holding States.

Be it further resolved. That if the foregoing proposition for a conference is
refused or rejected by any or all of the States to which it is addressed, Alabama,
in that event, will hold herself at liberty, alone or in" conjtmction with such
States as may agree to unite with her, to adopt such plan of resistance and
mature such measures as in her judgment may seem best calculated to maintain
the honor and secure the rights of her citizens ; and in the meantime we will
resist by all means at our conmiand any attempt on the part of the General Gov-
ernment to coerce a seceding State.

Beit further resolved. That the president of this convention be instructed to
transmit copies of the foregoing preamble and resolutions to the Governors of
each of the States therein named.

And also the following resolution from the same :

Be it resolved by the people ofAlabama in convention assembled. That an ordi-
nance of secession from the united States is an act of such great importance,
involving consequences so vitally affecting the lives, liberty, and property of the
citizens of the seceding State, as well as of the States by which it is surrounded
and with which it has heretofore been united, that in our opinion it should never
be attempted until after the most thorough investigation and discussion, and
then only after a full and free ratification at the polls by a direct vote of the
people, at an election held under the forms and safeguards of the law in which
that single issue, untrammeled and undisguised in any manner whatever, should
alone be snbmitted.

Mr. Clemens moved that the preamble and first series of resolutions
be taken up and substituted for the ordinance.

The ayes and noes were demanded.

The yeas and nays were then called on the motion of Mr. Clemens,
and it was lost. Yeas 45, nays- 54.

*******

Mr. Clemens offered the following amendment :

Prcymded, however, That this ordinance shall not go into effect until the 4th
day of March, 1861, and not then unless the same shall have been ratified and
confirmed by a direct vote of the people.

The yeas and nays were taken on the amendment, and were — ^yeas
45, nays 54; and the amendment was lost.

46 CORRESPONDENCE, ETC.

Tallahassee, Fla., January 11, 1861.
Hon. J. C. McGehee,

President of Convention:
SiK: I am indebted to the convention of Florida and the people
whom they represent for so much kindness and courtesy during my
stay here as the commissioner of Alabama that I am unwilling to
depart without some formal expression of my gratitude. Be pleased
to communicate to them my high appreciation both for myself and on
behalf of the State of Alabama of the warmth and cordiality with
which I have been received and treated, and my firm conviction,
founded on the very recent assurances of her Chief Magistrate, as well
as my own judgment, that the secession of Alabama cannot be delayed
beyond the present week. Not long divided in their withdrawal from
a Union of " irrepressible conflict," I fervently hope that Florida and
Alabama will soon be united in that new union of brotherly love in
which a homogeneous people, taking their destiny into their own hands,
shall exhibit to the world the highest development of free government
and the noblest phase of true civilization.

With very great respect, your obedient servant,

E. C. BULLOCK.

SEVENTH DAY.*
*******

Mr. Bragg, by leave, read dispatch from Mobile, as follows :

Mobile, January 13, 1861.
John BRAoa:

Have yon passed the ordinance for collection of duties, clearance of vessels,
and disposing of U. S. property ? I have Resigned ■ and I hold treasTLre for the
State, waiting its instructions. Please answer.

THADDEUS SANFORD.

*******

Mr. Baker, of Barbour, by leave, read a dispatch from Governor
Perry, of Florida, as follows :

Tallahassee, Fla., January li, 1861.
GSovemor A. B. Moore,

Executive Department:
Telegraph received. Can you send 500 stand of arms to Colonel Chase?

M. S. PERRY.

The communication from Messrs. Pugh and Qurry, former mem-
bers of Congress from this State, was read as foUows:

Montgomery, Ala., January 10, 1S61.
Hon. WiLLLAM M. Brooks,

President of the Convention :

Sir : In response to the resolution adopted by the convention requesting us to
communicate in writing any facts or information which may be in our possession
touching the action of Congress and the purpose of the Black Republican party
which would aid the body in its deliberations, we state, with a due appreciation
of the high compliment contained in such a request, that the facility and fre-
quency of communication between this city and Washingfton are so great as to
render accessible to every reader of the public prints nearly every source of
information which is open to a member of Congress. It gives us pleasure to
comply, so far as we can, in presenting the object of your assembling.

Early in the session a committee of thirty-three was apjKjinted by the House
of Representatives to consider the perilous condition of public affairs and report

* From Journal of the Alabama Convention, January 14, 1861.

CONFEDERATE AUTHORITIES. 47

thereon to the Honse. The material of that committee represented the conserv-
atism of the Upion men South and the Republicans JNorth. After frequent
attempts to agree on some adjustment of political difBculties several Southern
members •withdrew from its deliberations, and the committee at last utterly-
failed to adopt or agree upon any terms satisfactory to the most moderate and
yielding. At a later day a committee of thirteen, for a similar purpose, was
appointed by the Senate. It was composed of the representative men of both
sections and all parties, and after several fruitless and earnest efforts reported
inability to agree upon any plan of settlement.

The belief prevails with no well-informed man of either section in Congress,
excepting those who are willing to submit without terms to the election of
Lincoln and Hamlin, that any settlement can be had in the Union. The deter-
mination is universal with the Republicans of all degrees of hostility to slavery to
abate nothing from their principles and policy as defined in the Chicago platform.
It is the fixed purpose of the Republican party to engraft its principles and
policy upon the Federal GJovemment. Prominent Republicans have represented
to us that if they were faithless enough to retract from the platform on which
they obtained power their constituents would crush them.

We have been assured by many resistance men in the border slave-holding
States that they have no hope of a settlement of existing difficulties in the Union
and are anxious for the cotton States to secede promptly. Some favor, or have
favored, a consultation of all the Southern States to negotiate for new guaranties,
with but little or no expectation of obtaining them, but for the purpose, in the
event of failure, of securing the ultimate contemporaneous secession of such
States. Our settled conviction is that a large majority of our friends in the
Border States disposed to resist Republican ascendency desire the immediate
secessipn of the cotton and Gulf States, in which event the only question left
for such States will be to select between the seceding and friendly States and a
hostile Government, and on the determination of that issue there will be but an
inconsiderable opposition.

It is the concurrent opinion of many of our friends in the Border and Northern
States that the secession of the cotton States is an indispensable basis for a recon-
struction of the Union. Possibly the most important fact we can communicate
is that the opinion generally obtained in Washington that the secession of five
or more States would prevent or put an end to coercion, and the New York
Tribune, the most influential of Republican journals, concedes that the secession
of so many States would make coercion impracticable.

We have the honor to be, most respectfully, your obedient servants,

J. L. PUGH.
J. L. M. CURRY.

After the reading the document was laid on the table.

Mr. Dowdell offered the following resolution, which was adopted :

Resolved bu the people of the State of Alabama in convention assembled, That
the commissioners heretofore appointed by the Governor of this State to the sev-
eral slave-holding States be, and they are hereby, directed to present to the con-
ventions of said States the preamble, ordinance, and resolutions adopted by the
people of the State of Alabama, in convention, on the 11th day of January, 1861,
and to request their consideration of and concurrence in the first resolution.

Executive Department,
- Montgomery, Ala., January H, 1861.
(SrENTLEMEN OF THE HOUSE OF REPRESENTATIVES:

Events of the utmost moment have rendered it necessary that
your body should be assembled. At the last session of the General
Assembly joint resolutions were adopted making it my duty, in the
event of the election of a President by the Black Republican party of
the United States, to issue my proclamation to the qualified voters
"to elect delegates to a convention of the State to consider, deter-
mine, and do whatever, in the opinion of said convention, the rights,
interests, and honor of the State of Alabama required to be done for

48 COEBESPONDENCE, ETC.

The result of the election by the popular vote clearly manifested
the certainty of the election of their candidate by that party, and on
the 6th day of December, 1860, he was elected by a majority of the
electoral vote of the United States. The contingency provided for in
the joint resolutions having occurred, I felt it my duty to obey their
instructions at the earliest moment afterward, and on the 7th day of
December, 1860, issued my proclamation accordingly, and also issued
to the sheriffs of the several counties in the State the necessary writs
of election to be held on the 24th day of December last.

Before this convention assembled great and important changes had
taken place in public affairs, and especially in some of the Southern
States. South Carolina, acting under a sense of the common wrong and
threatened danger to her sister slave-holding States, in the exercise
of her sovereignty, in a convention of her people, on the 20th day of
December, 1860, repealed the ordinance by which she ratified the Con-
stitution of the United States, as the compact of union between her-
self and the other States, and resumed all the powers which, by that
compact, she delegated to the Government of the United States.
Florida, Mississippi, Georgia, Texas, and Louisiana also called con-
ventions of their people to consider of the exigencies pressing upon
them, and the two first have followed the example of South Carolina
and withdraAvn from the union with the United States, and there can
be no question that the others will do the same.

The action of the people of Alabama in their convention in with-
drawing from the Federal Union is already known to you. This exer-
cise of the sovereign power of the State "to protect the rights,
interest, and honor" of her people, in my opinion, must be regarded
as one of wisdom, and, indeed, of political necessity. The rights of the
State and the interest of her citizens were no longer protected in the
Union, and unless it was determined to abandon all hope of their
preservation no other resource was left than to withdraw from the
Union and throw off a government that failed to secure them.

Whatever diflferences of opinion may have existed as to the proper
course of the State, it gives me pleasure to say that I have the strongest
assurances that they will all cease, and that all the citizens of the State,
in obedience to this organic law of the sovereign power, will sacrifice
their objections on the altar of their country, and with one heart sus-
tain the State in this great movement of deliverance and liberty. I
believe it will require all the courage, fortitude, and patriotism of her
sons to meet and overcome the approaching storm; but I have an
abiding confidence that they will prove themselves equal to the emer-
gency and deserving the great destiny that awaits them in the future.
The events that occurred in the harbor of Charleston after the seces-
sion of South CarolJJia are matters of history. The accounts received
from Washington all tended to induce the conviction that the Govern-
ment of the United States intended to adopt a system of coercion
against all the States that might secede from the Union. Governor
Brown, of Georgia, acting upon this belief, seized upon Fort Pulaski,
at the mouth of the Savannah River, in the name of the State of
Georgia, and telegraphed me of that event. Satisfied that the State
of Alabama would not remain in the Union, and in view of the indica-
tions of intention on the part of the Federal Government to coerce the
seceding States, I could no longer hesitate as to the course my duty to
the State required me to pursue. I could not wait until that Govern-
ment had thrown troops into the forts commanding the entrance into
the harbor of Mobile, and thus place that city and the State at the

CONFEDERATE AUTHORITIES. 49

mercy of the ships of war of the United States. To regain possession
of tlieae posts, wonld have cost the State thousands of treasure and the
best blood of her sons. There were in the arsenal of the United States
at Mount Vernon, on the Alabama River, a large supply of powder
and small-arms, which might be used against the State. Acting under
these considerations, I transmitted orders by telegraph, on the night

of January, to , at Mobile, to take possession of Forts

Morgan and Gaines, at the mouth of Mobile Harbor, and of the arsenal
at Mount Vernon, with all their arms, ammunition, and equipments,
and hold them in the name of the State of Alabama. It gives me
pleasure and pride to make known the gallantry and promptitude
with which this order was responded to by the officers and men
selected for that purpose. The dispatch was sent from this place at
9 a. m., and the forts, foi-ty miles from Mobile, were taken possession
of on the next night, and the arsenal, some fifty miles from Mobile,
was seized about daylight next morning, and they are now held in the
name of this State by her volunteer troops. In the forts were some
hundred cannon — 32 and 24 pounder guns — and in the arsenal about
22,000 stand of small-arms and 150,000 pounds of powder. Of the
small-arms about 2,000 were Mississippi rifles and the remainder
muskets. I directed the officers in command at these posts to make
out an accurate inventory of the arms and materials thus obtained.
As soon as I was informed that these posts were in possession of the
troops of the State I communicated the facts to the President of the
United States, with a summary of the reasons which induced my
action,* to which he has not replied. If more specific information of
the arms and conditions of the forts is desired I will furnish it with
pleasure.

Early in December last I was urged to convoke the Legislature for
the purpose, among others, of authorizing the banks of the State to
suspend specie payments in order to relieve the community in their
embarrassed condition. I declined at that time to do so for the
reasons stated by me in an address to the i)eople of the State, a copy
of which address is hereto attached,! and to which I beg to call your
attention. In view of the condition of the State, and the absolute
necessity of her having money on her secession — and which event I
confidently anticipated — I made arrangements with the two banks in
Mobile, the Commercial Bank at Selma, the Central Bank at Mont-
gomery, and the Eastern Bank at Eufaula that they should, if
required by the Legislature, furnish to the State a loan of $1,000,000
in specie or its equivalent.

I requested and urged upon them to suspend payments of specie
for the purpose of furnishing the sum designated to tffe State, and
to relieve the community as far as possible by such assistance as
they would then be able to give. This amount of $1,000,000 is to be
advanced by the several banks in proportion to their respective
capitals. The two banks at Mobile agreed to advance a proportional
part of the above sum, but declined to suspend. The Commercial
Bank, the Central Bank, and the Eastern Bank agreed to advance
their respective proportions and suspended specie payments, upon
my promise to Institute no proceedings against them, and to urge
upon the General Assembly the propriety of its sustaining such
suspensions. The circumstances under which these latter banks

* See Series I, Vol. I, p. 327. t See December 17, 1860, p. 31.

4 R R— SERIES IV, VOL I

60 CORRESPONDENCE, ETC.

acted, and the motives which prompted them, commend their conduct
to the approval of every patriotic citizen of the State, and I earnestly
suggest that the Legislature, by legal enactments, sanction their
suspension. I would further recommend that the other banks of the
State be severally authorized to suspend on lending to the State, in
specie or its equivalent, a sum in proportion to their respective cap-
itals, of like amount with that agreed to be furnished by the first-
named banks, and to be secured in like manner.

In the important change of the condition of the State other and more
enlarged duties devolve upon you for consideration. From all the
indications it is to be inferred that this State must maintain her
sovereignty and independence by force of arms. The Government of
the United States, in its Infatuation, seems determined to use force
against some or all of the seceding States. Alabama cannot expect to
escape while her sister States are subjected to this last argument of
kings. Even if no hostile demonstration was made against her, it
would not become her dignity, or honor, or interest to stand by and
see the power of the Government of the United States used to crush
a single slave-holding State. The instincts of self-preservation would
compel Alabama to aid such slave-holding State, engaged in the same
caiise and having the same destiny, with all the means in her power.
We desire peace with all the world, and especially with the Govern-
ment of the United States and the other States composing the United
States. To obtain permanent peace and security of our rights we
withdraw from the Union ; but the best way to obtain these is to be
prepared for war, and if the dread alternative is presented not to
shrink from the contest, but meeting it as freemen leave the conse-
quence to that Being who holds in His hands alike the destiny of men
and nations.

I would recommend, then, that the State of Alabama be placed, at
as early a period as practicable, upon the most efficient war footing.
The first requisites of this condition are money, men, and arms. I
have already indicated that a loan of $1,000,000 has been secured from
the banks. I would recommend that you adopt the necessary steps
to have this agreement consummated. I would further recommend
that the State borrow another $1,000,000 on her bonds in sums of $500
and $1,000 each, bearing interest at 8 per cent., with the interest
payable annually, and to be sold within the State at par — ^the bonds
payable in not less than ten years. I would also advise that execu-
tors, administrators, guardians, and all other trustees having trust
funds to invest be authorized to invest such funds in these bonds.
Not only will these securities be sought after for investment, but
thousands of patriotic hearts who have not .the aWlity of the noble
sons of South Carolina to make gratuitous contributions will thus be
enabled to throw in their mite for the support of the same glorious
cause.

I would also suggest that the General Assembly make provision for
raising, arming, and officering a regular force of troops of the State,
and adopt such army regulations therefor as may be necessary. The
regulations for the Army of the United States might form a basis
for the system. Enlistments for twelve months, two years, or to
the close of hostilities might be adopted, to be ended when the
necessity for their services shall cease. In the latter case it might
be well to provide, when they are discharged, for a bounty to be paid
them.

CONPEDEEATE AUTHORITIES. 51

The mode of furnishing officers for such a force is one of some
difficulty. Whether the commissioned officers should be selected by
the men over whom they are to exercise command, or be appointed in
some other way, I leave to the wisdom of your bodies. But I would
recommend where companies, battalions, or regiments offer their
services as such, to serve for the time specified in the regulations,
that they be allowed to select their own commissioned officers.

In making this suggestion for a regular force I am not to be under-
stood as expressing a want of confidence in the patriotism of our
militia, and especially the volunteera. Their bravery and patriotism
have been too well established to entertain a doubt that they would
acquit themselves on all proper occasions in such manner as to add
increased lienor to their achievements in the field. Experience has
proved that, however efficient such troops are for sudden occasions or
for short campaigns, it will not do to rely upon them to sustain a long,
protracted contest. The greatest difficulties experienced by General
Washington in the Revolutionary war, and by General Jackson in
his Creek campaigns, arose from the expiration of the term of service
of the militia under their commands. Moreover, it is probable that
the principal service demanded by the State from her troops will be
in garrison, and he who has seen service of that character knows
how tedious and irksome such a life is to the citizen soldier.

As to the various appropriations and mode of disbursing the sums
raised on the bonds of the State, I leave that to your consideration.
In connection with the above subjects I cannot too earnestly impress
upon you the importance of the appointment of a military board.
With my inexperience in military affairs, and the inefficient military
organization of the State, such a body is imperatively demanded in
the present exigency. I am too sensible of my deficiency in military
matters to make any suggestion as to the power and duties of such a
board, but you have in your bodies military men who understand
and can define the necessary extent of their powers. I would, however,
recommend that it consist of four persons, to be selected by the
Legislature, or in such other manner as may be deemed best by you,
with such rank and pay as would be commensurate with their duties.

The condition of many families of the poorer classes in the State
demand consideration. That there will be much suffering and priva-
tion, and perhaps starvation, is greatly to be feared unless some pro-
vision against these contingencies is made by the Legislature. After
an anxious consideration on this subject I would recommend that the
court of county commissioners of each county be empowered to levy
and collect a tax in their several counties for the purpose of raising
funds to purchase food for their suffering population and to appoint
an agent to make the purchases. If it is found this tax cannot be
collected in time for the relief of the suffering, then to pledge the
public property of the county, by mortgage or otherwise, for money
to be borrowed for that purpose. But in no event is this public prop-
erty to be disposed of under such mortgage or other pledge until
ample time has been given for the collection of such tax ; and when col-
lected it shall be applied to the extinguishment of such debt of the
county. The details of this measure I leave to your consideration.

I am compelled by the necessities of this department to suggest
that the Governor have the authority to appoint two secretaries. The
duties devolving upon the office at this time leave the Executive no
leisure but to direct. The correspondence is voluminous and the

52 CORRESPONDENCE, ETC.

duty of attending to that office is arduous. They should be paid a
salary by the State, quarterly, with power in the Executive at the
end of any quarter to discharge them when their services should be
no longer needed; or, when he thought necessary, to discharge such
as he thought proper and to appoint others in their stead.

I am also compelled to call your attention to the increase of the
contingent fund. Under ordinary circumstances the amount under
the present law at the control of the Executive would be ample, but
the present emergency requires that this sum of $12^000 be increased,
and I recommend that $13,000 more be added, making this fund the
sum of $25,000.

At your last session the General Assembly made an appropriation
for the purchase of arms and ammunition, under the direction of this
department. I have purchased about 9,000 stand of small-arms, 10
brass rifled cannon (6-pounders) and 2 columbiads, 20,000 pounds of
lead, 700 kegs of powder of 28 pounds each, and 1,500,000 caps.
The cannon have not yet arrived, but I am expecting them daily.

The convention on the instant authorized me to dispatch

troops from this State to aid the State of Florida in taking possession
of the forts at the mouth of Pensacola Harbor. Accordingly on the

instant I ordered 300 men from Mobile by water, and dispatched

five companies, under the command of Colonel Lomax, by railroad
from this place, to proceed to Pensacola. After the troops left here

I received information that on the night of the instant all the

positions on the west side of Pensacola Bay were abandoned by the
forces of the United States which had been concentrated at Fort
Pickens, on Santa Rosa Island. The occupation of this fort enables
them to command the entrance to the bay and harbor of Pensacola,
and as the troops from Mobile were to approach by water, I directed
them by telegraph to proceed no farther in the expedition. The

troops from this place arrived at Pensacola on the night of the

instant and are now encamped there. If it should be deemed prac-
ticable they will aid in storming Fort Pickens, and for that purpose
they remain there. I also had intelligence that a considerable force
of ships of war and troops of the United States had been ordered to
rendezvous at Pensacola, and probably to make a demonstration on
the forts at the mouth of Mobile Bay, or some other point in that
vicinity. I therefore ordered five other companies to Mobile to aid in
defending whatever point may be assailed.

Your attention is called to the necessity of making some provision
for the payment of the expenses of these expeditions. In connection
with the subject of placing the State in an efficient state to protect
herself, I have a suggestion to make which I tnought prudent to
reserve for a separate and secret communication, and which I am
ready to make when your bodies are ready to receive it. In closing
this message I cannot but invoke tlie blessings of the Most High and
Omniscient God upon all your deliberations, and that we may be
saved from the horrors of war and enjoy the blessings of peace; that
our liberties may be preserved, and that our beloved State may enjoy
an uninterrupted career of prosperity and greatness.

A. B. MOORE.

[January 14, 1861. — For orders of Governor Moore, calling into
active service the militia of lyouisiana, see Series I, Vol. LIII, p. 612.]

CONFEDERATE AUTHORITIES. 63

EIGHTH DAY,*

Mr. Cochran, from the Committee on the Constitution, reported
the following ordinance, which was adopted :

AN OBDmAKCE to change the oath of office in thiff State.

Be it declared and ordained, and it is hereby declared and ordained, by the
people of the State of Alabama in convention assembled, That the first Bection and
sixth article of the constitutioii of the State of Alabama be amended by striking
out of the fifth line of said section the words " Constitution of the United States
and the " after the word " the " and before the word " Constitution " where they
occur.

And be it further ordained as aforesaid. That aU officers in this State are hereby
absolved from the oath to support the Constitution of the United States hereto-
fore taken by them.

Montgomery, Ala., Jantiary 15, 1861.
His Excellency Andrew B. Moore,

Governor of Alabama:
Sir: Under the authority of the commission conferred by Tour
Excellency, and in discharge of the duties imposed by it, I reached
Tallahassee on the 3d day of January, at which place and time the
convention of the State of Florida assembled. That body, without
having effected a permanent organization, after a very brief session,
adjourned until Saturday, the 5th instant, the intervening Friday hav-
ing been observed as a day of fasting and prayer. On Saturday His
Excellency Governor Perry, to whom my credentials had been pre-
viously presented, communicated the fact of my presence as commis-
sioner from Alabama to the convention. On Monday, the 7th instant,
I was, together with the commissioner from South Carolina, Hon.
L. W. Spratt, formally introduced to the convention by a committee
appointed for the purpose, and had the honor to set forth in an address
before that body the views entertained by the State of Alabama, as
since indicated by the action of her convention, as to the best mode of
protecting the rights, interests, and honor of the slave-holding States,
urging the promptest action as, under the circumstances, the truest
wisdom and as furnishing the best hope of a peaceful solution of our
» difficulties. The friendly voice of Alabama, however feebly uttered,
was heard with the most respectful attention, and the opinions
expressed seemed to meet the hearty countenance of a large propor-
tion of the convention. On the evening of Monday a "resolution
affirming the right and necessity of speedy secession, which had been
introduced on Saturday, was adopted by a vote of 62 to 5, and a com-
mittee was appointed to prepare the ordinance of secession, which
was reported on "Wednesday, the 9th instant. Several amendments,
intended to delay any action until after the secession of Georgia and
Alabama should be funst accomplished or until the ordinance of seces-
sion should be ratified by a vote of the people of Florida, were pro-
posed, but they were all lost by decisive votes. On Thursday, the 10th
instant, several gentlemen of the minority, who had warmly sup-
ported these amendments and attached very great importance to them,
avowed their purpose, notwithstanding their failure, to record their
votes in favor of the ordinance of secession, thus nobly sacrificing
their personal views upon the altar of their country, and at 12.20

* From the Journal of the Alabama Convention, January 15, 1861.

54 CORRESPONDENCE, ETC.

o'clock on that day I bad the extreme gratification to witness its pas-
sage by a vote of 62 to 7, every member of the convention having been
present. I have appended to this report a copy of the ordinance as
adopted.

It is due to the minority to state that no voice in the convention was
raised in favor of submission to Black Republican rule, and that their
whole aim seemed to be to make the secession of Florida follow instead
of preceding that of Alabama and Georgia. If there was a man in
Florida who, with these two States out of the Union, desired her to
remain in it, his opinions certainly found no organ in the convention.
The main facts herein stated in respect to the action of the State of
Florida were immediately communicated to Your Excellency by tele-
graph, in order that they might at once be made known to the con-
vention. It only remains to add that the warmth and cordiality with
which I was greeted by the Governor, the convention of Florida, and
the people whom they represented, as the commissioner of Alabama,
afforded the most gratifying proof that the strong ties of a common
cause, a common danger, and a common destiny were deeply felt and
appreciated, and the best reasons for hoping that the two States,
divided by but a single day in their exodus from a union of "irre-
pressible conflict," will soon be closely joined in that new union of
brotherly love in which a homogeneous people, taking their destiny
into their own hands, shall exhibit to the world the noblest phase of
free government and the highest development of true civilization.

With great respect, I have the honor to be, Your Excellency's obe-
dient servant,

E. C. BULLOCK.

ORDINANCE OF SECESSION.

We, the people of the State of Florida, in convention assembled, do
solemnly ordain, publish, and declare. That the State of Florida hereby
withdraws herself from the confederacy of States existing under the
name of the United States of America and from the existing Govern-
ment of the said States; and that all political connection between her
and the Government of said States ought to be, and the same is
hereby, totally annulled, and said Union of States dissolved ; and the
State of Florida is hereby declared a sovereign and independent
nation; and that aU ordinances heretofore adopted, in so far as they
create or recognize said Union, are rescinded; and all laws or parts of
laws in force in this State, in so far as they recognize or assent to said
Union, be, and they are hereby, repealed.

MiLLEDGEViLLE, Ga., January 16, 1861.
Hon. George W. Crawford,

President of the Convention of the State of Georgia:
Sir: I have the honor herewith to transmit the certificate of my
appointment as commissioner from the State of Alabama to the con-
vention of the State of Georgia, and also a duly authenticated copy
of the ordinance of secession* and accompanying resolutions adopted
by the convention of Alabama on the 11th instant, together with a
resolution of the convention concerning my instructions, in which I
am particularly directed to request of the convention of the State of
Georgia the consideration of and concurrence in the first resolution

*Seep. 43.

CONFEDERATE AUTHORITIES. 55

adopted by the convention of the State of Alabama, inviting the peo-
ple of Georgia and of the other slave-holding States to meet the people
of Alabama, by their delegates, in convention on the 4:th day of Feb-
ruary, 1861, at the city of Montgomery, in the State of Alabama, for
the purpose of consulting with each other as to the most effectual
mode of securing concerted and harmonious action in whatever meas-
ures may be deemed most desirable for our common peace and secu-
rity, it being the desired purpose of the people of Alabama to meet
the slave-holding States who may approve such purpose in order
to frame a provisional as well as a permanent government upon the
principles of the Constitution of the United States.

I have the honor to be, with high consideration, your obedient
servant,

JNO. GILL SHORTER.

[Inclosnre Ko. 1.]

Executive Department,
Montgomery, Ala., December 21, 1860.

Whereas, the election of Abraham Lincoln, a Black Republican, to
the Presidency of the United States by a purely sectional vote and by
a party whose leading and publicly avowed object is the destruction
of the institution of slavery as it exists in the slave-holding States;
and whereas, the success of said party and the power which it now has
and soon will acquire greatly endanger the peace, interests, security,
and honor of the slave-holding States, and make it necessary that
prompt and effective measures should be adopted to avoid the evils
wliich must result from a Republican administration of the Federal
Government, and as the interests and destiny of the slave-holding
States are the same, they must naturally sympathize with each other,
they therefore, so far as may be practicable, should consult and
advise together as to what is best to be done to protect their mutual
interests and honor:

Now, therefore, in consideration of the premises, I, Andrew B.
Moore, Governor of the State of Alabama, by virtue of the general
powers in me vested, do hereby constitute and appoint Hon. John
Gill Shortc, a citizen of said State, a commissioner to the sovereign
State of Georgia, to consult and advise with His Excellency Governor
Joseph E. Brown and the members of the convention to be assembled
in said State, as to what is best to be done to protect the rights,
interests, and honor of the slave-holding States, and to report the
result of such consultation in time to enable me to eoi»municate the
same to the convention of the State of Alabama to be held on Monday,
the 7th day of January next, if practicable.

In testimony whereof I have hereunto set my hand and caused the
great seal of the State to be affixed in the city of Montgomery this
21st day of December, A. D. 1860.

A. 1). MOORE.

[Inclosare Ko. 2.]

Montgomery, Ala., January H, 1861.

Hon. John Gill Shorter:

Dear Sir : The following resolution was passed by the convention

in session to-day:

Resolved by the people of Alabama in convention assembled, That the com-
missioners heretofore appointed by the Governor of this State to the several States

56 COREESPONDENCE, ETC.

be, and they are hereby, directed to present to the conventions of said States the pre-
amble, ordinance, and resolntions adopted by the people of the State of Alabama,
in convention, on the 11th day of January, ISiSl, and to request their consideration
of and concurrence in the first resolution.

With the above resolution is herewith transmitted to you, by order
of the convention, a certified copy of the preamble, ordinance, and
resolution referred to.
Respectfully,

WILLIAM M. BROOKS,

President of the Convention.

Montgomery, Jammry 16, 1861.
His Excellency A. B. MooRB:

Sir: By authority of Tour Excellency's commission I proceeded to
Nashville, Tenn., where, on the 9th instant, I addressed, by invita-
tion, both branches of the Legislature of that State. I beg to report
as the result of my mission that there is, in my opinion, no doubt that
Tennessee will unite with the Gulf States in forming a Southern con-
federacy. The right or wrong of secession is not the question sub-
mitted for their determination. That may very well be pretermitted
in that State. The Union is dissolved without their action, and the
practical question for them to decide is. Shall they go with the North
or with the South ? And in deciding this question the result is obvious.
There is a geographical necessity that Tennessee shall unite with the
South. Her trade, like the waters of her beautiful rivers, flows south-
ward, and being homogeneous in opinion, in character, and in civili-
zation, her natural sympathies are stimulated by her commercial
necessities and make her drift quietly and surely into the union of
the Southern States. I consider this result as absolutely certain. I
cannot close this communication without acknowledging in behalf of
my State the marked and cordial courtesy with which I was received
by all parties in Tennessee.

With sentiments of high consideration and regard, I am, very truly,
your friend,

L. P. WALKER.

MiLLEDGEViLLE, Ga., January 16, 1861.
Hon. George W. Crawford,

President of the Georgia State Convention: ^
Sir: I have the honor to inclose you herewith my credentials as
commissioner from the convention of the people of the State of South
Carolina to the convention of the people of the State of Georgia. In
execution of the trust confided to me I also inclose you a copy of the
ordinance of secession passed by the convention on the 20th of Decem-
ber, I860.* I am instructed by the convention of South Carolina to
submit to the convention of Georgia "as the basis of a provisional
government for such States as shall have withdrawn from their con-
nection with the Government of the United States of America, the
Federal Constitution, provided that the said provisional government
and the tenures of all officers and appointments arising under it shall
cease and determine in two years from the 1st day of July next, or
when a pennanent government shall have been organized." I am

*Seep. 1.

CONPEDEEATE AUTHORITIES. 57

likewise instructed to "invite the seceding States to meet in conven-
tion at such time and place as may be agreed upon for the purpose of
forming and putting in motion such provisional government, so that
it shall be organized and go into efEect at the earUest period previous
to the 4th of March, 1861 ; and that the same convention shall then
proceed forthwith to consider and propose a constitution and plan for
a permanent government for such States, which proposed plan shall
be referred back to the several State conventions for their adoption
or rejection." The convention further suggests that each of the
seceding States "send to the general convention as many deputies as
are equal in number to the number of Senators and Representatives
to which it was entitled in the Congress of the United States." The
convention of South Carolina have elected eight deputies to represent
them in the general convention, but declined to indicate either time
or place for its meeting. The State of Alabama having proposed the
4th of February as the time and the city of Montgomery as the place
for the assembling of the general convention, I feel myself fully
authorized to say that the time and place will be entirely acceptable
to the convention of South CaroUna. You will please lay before the
convention this communication and its inclosures.
I have the honor to be, sir, very respectfully, your obedient servant,

JAMES L. ORR,
Commissioner from South Carolina.

[Inolosure.]
THE STATE OF SOUTH CAROLINA.

Whereas, James L. Orr has been duly elected by a vote of the con^
vention of the people of South Carolina to act as a commissioner to
the convention of the people of the State of Georgia, and the said con-
vention of the people of the State of South Carolina has ordered the
Governor of said State to commission the said James L. Orr:

Now, therefore, I do hereby commission you, the said James L. Orr,
to act as a commissioner from^ the State of South Carolina in con-
vention assembled to the State of Georgia in convention assembled
to confer upon the subjects intrusted to your charge.

Witness His Excellency Francis W. Pickens, Governor and com-
mander-in-chief of the said State, this 2d day of January, in the year
of our Lord 1861, and the eighty-fifth year of the sovereignty and
independence of the State of South Carolina.

F.. W. EICKENS.

By the Governor:

JAMES A. DUFFUS,

Deputy Secretary of State.

Friday, Janitary 18, 1861.*
« * * * ♦ * *

Mr. Nisbet offered the following resolutions, which were taken up

and read:

Resolved, That, in the opinion of this convention, it is the right and duty of
GJeorgia to secede from the present Union and to co-operate with snch of the other
States as have or shall do the same, for the purpose of forming a Southern con-
federacy upon the hasis of the Constitution of the United States.

* From Journal of the Q-eorgia Convention.

58 CORRESPONDENCE, ETC.

Resolved, That a committee of be appointed by the chair to report an

ordinance to assert the right and fulfill the obUgation of the State of Georgia to
secede from the Union.

He then moved to take up the first resolution, whereupon Mr. John-
son, of Jefferson, offered the following preamble and ordinance as a
substitute for Mr. Nisbet's, and moved the reference of both to a
committee of twenty-one :

The State of Gteorgia is attached to the Union, and desires to preserve it, if it
can be done consistent with her rights and safety, but existing circumstances
admonish her of danger; that danger arises from the assaults that are made upon
the institution of domestic slavery and is common to all the Southern States.

From time to time within the last forty years Congress has attempted to pass
laws in violation of our rights and dangerous to our welfare and safety, but they
have been restrained by the united opposition of the South and the true men of
the North, and thus far the country has prospered and the South has felt com-
paratively secure. Eecently, however, events have assumed a more threatening
aspect. Several of the non-slave-holding States refuse to surrender fugitive slaves,
and have passed laws the most oppressive to hinder, obstruct, and prevent it, in
palpable violation of their constitutional obligations. The Executive Department
of the Government is about to pass into the hands of a sectional political party
pledged to principles and a policy w^hich we regard as repugnant to the Constitu-
tion. These considerations of. themselves beget a feeling of insecurity which
could not fail to alarm a people jealous of their rights. By the regular course of
events the South is in a minority in the Federal Congress, and the future presents
no hope of a restoration of the equilibrium between the sections in either house
thereof. Hence, the Southern States are in imminent peril, being in the power
of a majority reckless of constitutional obligations and pledged to principles
leading to our destruction. This peril is greatly augmented by the recent secession
of South CaroUna, Florida, Alabama, and Mississippi from the Union, by which
the Southern States are deprived of the benefit of their co-operation and left in a
still more hopeless minority in the Federal Congress. Therefore, while the State
of Gteorgia will not and cannot, compatibly with her safety, abide permanently
in the Union without new and ample security for future safety, still she is not
disposed to sever her connection with it precipitately nor without respectful con-
sultation with her Southern confederates. She invokes the aid of their counsel
and co-operation to secure our rijghts in the Union if possible, or to protect them
out of the Union if necessary. Therefore :

First. Be it ordained by tlie State of Georgia in sovereign convention assembled,
That Delaware, Maryland, Virginia, Kentucky, North Carolina, Louisiana, Texas,
Arkansas, Tennessee, and Missouri be, and they are hereby, respectfully invited
to meet with this State, by delegates, in a congress at Atlanta, Ga., on the 16th
day of Febmary, 1861, to take into consideration the whole subject of their rela-
tions to the Federal Government, and to devise such a course of action as their
interest, equality, and safety may require.

Sec. 2. Be it further ordained, &c. , That the independent republics of South
Carolina, Florida, Alabama, and Mississippi be, and they are hereby, cordially
invited to send commissioners to said congress.

Sec. 3. Beit further ordained, &c.. That inasmuch as Gi^orgia is resolved not
to abide permanently in this Union without satisfactory guaranties of future
security, the following propositions are respectfully suggested for the consider-
ation of her Southern confederates as the substance of what she regards indisx>en-
sable amendments to the Constitution of the United States, to wit :

1. That Congress shall have no power to abolish or prohibit slavery in the Ter-
ritories or any place under their exclusive jurisdiction.

2. Each State shall be bound to surrender fugitive slaves, and if any fugitive
slave shall be forcibly taken or enticed from the possession of any ofl&cer legally
charged therewith for the purpose of rendition, the United States shall pay the
owner the value of such slave, and the county in which such rescue or enticement
may occur shall be liable to the United States for the amount so paid, to be
recovered by suit in the Federal courts.

3. It shall be a penal offense, definable by Congress and punishable in the Fed-
eral courts, for any person to rescue or entice, or to encourage, aid, or assist others
to rescue or entice, any fugitive slave from any ofllcer legally charged vrith the
custodv thereof for the pvirpose of rendition.

4. Whatever is recognized as proi)erty by the Constitution of the United States
shall be held to be property in the Territories of the United States and in all places

CONFEDERATE AUTHORITIES. 59

over which Congress has exclusive jurisdiction, and all Muds of property shall be
entitled to like and equal protection therein by the several departments of the
General Government.

5. New States formed out of territory now belonging to the United States, or
which may be hereafter acquired, shall be admitted into the Union with or with-
out slavery, as the people thereof may determine at the time of admission.

6. Congress shall have no power to prohibit or interfere with the slave-trade
between the States, nor to prohibit citizens of the United States passing through
or temporarily sojourning in the District of Columbia from having with them
their slaves and carrying them away, but it shall be the duty of Congress to pro-
vide by law for the punishment of all persons who may interfere with this right
in the same way as is provided for in the foregoing third proposition.

7. No State shall pass any law to prohibit the citizens of any other State trav-
eling or temjwrarily sojourning therein from carrying their slaves and returning
with them ; and it shall be a penal offense, definable by Congress and punishable
by the Federal courts, for any person to entice away or harbor, or attempt to
entice away or harbor, the slave or slaves of such citizen so traveling or tempo-
rarily sojourning.

8. The obligation to snn-ender fugitives from justice as provided for under the
Constitution of the United States extends and shall be hdd to extend as well to
fugitives charged with offenses connected ynth or committed against slavery or
slave property as to any other class of offenses, and for the purposes of this propo-
sition whatever is defined to be a criminal offense in one State shall be deemed
and held a criminal offense in every other State.

9. The Supreme Court having decided that negroes are not citizens of the United
States, no person of African descent shall be permitted to vote for Federal officers
nor to hold any office or appointment under the Gtovemment of the United States.

Sec. 4. Be it further orcUiined, <fcc. , That refraining from any formal demand
upon those slave-holding States which have passed them of the repeal of the per-
sonal liberty and other acts in any wise militating against the rendition of fugitive
slaves, or fugitives from justice, yet the State of Greorgia hereby announces her
unalterable determination not to remain permanently in confederation with those
States unless they shall purge their statute books of all such acts.

Sec. 5. Be it further ordained, &c.. That if between now and the time of final
action upon the question of her continuance in the Union the General Government
should attempt to coerce any one of the States that have recently withdrawn, or-
shall hereafter withdraw therefrom, the State of Georgia will make common cause
with such States, and hereby pledges all her resources for their protection and
defense.

Sec. 6. Be it further ordained, <fcc.. That the State of Georgia will continue to
hold until her final decision in the premises the possession of Port Pulaski and all
other Federal property vnthin her borders which have been seized under the
direction and authority of His Excellency the Governor of this State.

Sec. 7. Be it further ordained, &c.. That a commissioner be appointed by this
convention to each of the slave-holding States now members of the Federal Union,
to inform them of the action of Georgia and to urge their conformity to the jwljcy
herein indicated ; and that in response to the request of Alabama this convention
will also appoint a commissioner to the convention which she has invited at
Montgomery on the 4th of February next, who is hereby instructed to urge upon
that convention so to shape their action as to conform to and co-Bperate with that
of the proposed congress at Atlanta on the 16th day of the same month.

Sec. 8. Be it further ordained, Ac, That if all effort fail to secure the rights of
the State of Gteorgia in the Union and she is reluctantly compelled to resume her
separate independence she will promptly and cordially unite with the other
Southern States similarly situated in the formation of a Southern confederacy
upon the basis of the present Constitution of the United States.

Sec. 9. Be it further ordained, <fec., That this convention vyill adjourn, to meet
again on the 25th day of February next, to take such action in the premises as
may be required by the proceedings of the congress at Atlanta and the develop-
ment of intervening events, keepihg steadfastly in view the rights, equality, and
safety of Georgia and her unalterable determination to maintain them at all
hazards and to the last extremity.

After an elaborate discussion, in which Messrs. Nisbet, Johnson of
Jefferson, Cobb, Stephens of Taliaferro, Toombs, Means, Reese, Hill
of Troup, and Bartow participated, a call was made for the previous
question, which, being sustained under the ruling of the chair, cut off
the motion to commit and a vote on the substitute, and brought the

60 COEEESPONDENCE, ETC.

convention to a direct vote on the first of tlie original resolutions of
Mr. Nisbet. Wliereui)on the yeas and nays were demanded, which,
being called, resulted as follows (the president voting in the affirma-
tive): Yeas 166, nays 130.

*******

So the resolution was adopted. .

*******

The following message, having been received from His Excellency
the Governor, through Mr. Waters, his secretary, was taken up and
read:

Executive Depabtment,

MilledgevUle, January 18, 1861.
To THE Convention:

• ••**•*

Thoagh not Btrictly in resjwnse to the call made njwn me, I take the liberty to
lay before the convention an original letter from the Qovemor of the State of
New York, accompanied by certain joint resolntions passed by the Legislature
of that State on the 11th day of this month, which were received at this depart-
ment by the maU of yesterday.

JOSEPH E. BROWN.

The following is a copy of the communication referred to by His
Excellency Governor Brown, and also of the resolutions :

State of New York, Executive Department,

Albany, January 11, 1861.
His Excellency Joseph E. Brown,

Crovemor of the State of Oeargia, Milledgeville :
Sm : In obedience to the request of the Legislature of this State, I transmit
herewith a copy of the concurrent resolntions of that body, adopted this day,
tendering the aid of the State to the President of the United States, to enable him
to enforce the laws and to uphold the authority of the Federal Government.
I have the honor to be, Your Excellency's obedient servant,

EDWm D. MORGAN.

[IndosnTe.]

Coneurrent resolutions tendering aid to the President of the United States in
sujyport of the Constitution and the Union.

State of New York, m Assembly,

Janxwry 11, 1861.

Whereas, treason, as defined by the Constitution of the United States, exists in
one or more of the States of this confederacy; and whereas, the insurgent State
of South Carolina, after seizing the i)ost-office, custom-house, moneys, and forti-
fications of the Federal Government, has, by firing into a vessel ordered by the
Government to convey troops and provisions to Fort Sumter, virtually declared
war ; and whereas, the forts and property of the United Stajps Government in
Georgia, Alabama, and Louisiana have been unlawfully seized, with hostile inten-
tions; and whereas, further. Senators in Congress avow and maintain their
treasonable acts : Therefore,

Resolved {if the Senate concur) , That the Legislature of New York, profoundly
impressed vyith the value of the Union and determined to preserve it unim-
I>aired, hail with joy the recent firm, dignified, and patriotic special message of
the President of the United States, and that we tender to him, through the Chief
Magistrate of our own State, whatever aid in men and money he may require to
enable him to enforce the laws and uphold the authority of the Federal Govern-
ment; and that in defense of the "more perfect Union," which has conferred
prosperity and happiness ux>on the American people, renewing the pledge given
and redeemed by our fathers, we are ready to devote ' ' our fortunes, our lives, and
our sacred honor " in upholding the Union and the Constitution.

Sesolved (if the Senate concur). That the Union-loving representatives and
citizens of Delaware, Maryland, Virginia, North Carolina, Kentucky, Missouri,
and Tennessee, who labor with devoted courage and patriotism to withhold their
States from the vortex of secession, are entitled to the gratitude and admiration
of the whole people.

CONFEDERATE AUTHORITIES. 61

Resolved (if the Senate concur) , That the Q-ovemor be respectfnlly reqaested to
forward forthwith copies of the foregoing resolntioiiB to the President of the
Nation and the Governors of all the States of the Union.
The preceding preamble and resolutions were duly passed.
By order:

H. A. EISLEY,

Clerk.

In Senate, Jamtai-y 11, 1861.
The preceding preamble and resolutions were duly passed.
By order :

JAMES TEEWILLIGER,

Clerk.

Mr. Toombs offered the following resolution, which was taken up,
read, and adopted:

Resolved, nnanimonsly, in response to the resolutions of New York, referred to
in the Governor's message, that this convention highly approves the energetic and
patriotic conduct of Governor Brown in taking possession of Fort Pulaski by
Georgia troops, and requests him to hold possession until the relations of Georgia
with the Federal Government be determined by this convention ; and that a copy
of this resolution be transmitted to the Governor of New York.

General Headquarters, State op Mississippi,

Adjutant-General's Office,

Jackson, January 18, 1861.
His Excellency John J. Pettus,

Governor and Co7nmander-in^ Chief Mississippi Militia:

Sir: Pursuant to an act of the Legislature prescribing the duties of
the adjutant-general, I have the honor to submit the following report
for the year ending December, 1860, and from January 1, 1861, to
January 17, inclusive :

The past year was as remarkable for the military organizations
effected in the State as for the great political changes which took
place throughout the country. The precarious conditions of political
affairs in this country, occasioned by Northern aggression upon the
institutions of the South, aroused the people of the Southern States
to a sense of their imperfect security, and their Legislatures by wise
counsel made ample provision for the purchase of arms and munitions
of war for the defense of the States. The Mississippi Legislature,
being duly impressed with a sense of her insecurity and aroused by
the action of John Brown and his confederates at Harger's Ferry in
their attempt to stain and drench the soil of Virginia in innocent
blood, made an appropriation in December, 1859, of $150,000 for the
purchase of arms in order to prepare her to resist effectually such a
fanatical raid, should an attempt be made to perpetrate such an act
within her borders. So soon as the passage of the act appropriating
the sum of $150,000 for arms was known throughout the State military
organizations commenced springing up from her northern borders to
the sea-coast. These organizations of volunteer companies progressed
steadily, though slowly, during the spring and summer months,
organizing at the rate of some two companies per month, the military
ardor aroused by the John Brown raid abating to some extent.
Within the past two months the political excitement awakened by
the election of a Black Republican to the Presidency, being unpre-
cedented and without parallel in the history of this country, these

62 CORRESPONDENCE, ETC.

expiring military fires are being rekindled, and companies are organ-
ized and have "been organizing at the rate of from seven to eight
per week, numbering from fifty to sixty men, ready to march to the
field of battle to defend tht soil of their birth or adoption from the
ignominious taunts of the Black Republican horde, and anxious to
place her among the nations of the earth as a free, independent, and
sovereign people, discarding and disregarding the union of the States
upon the present inequality of rights. While appreciating their
love for independence and State pride, I regret that the exist-
ing military law does not empower the Governor to call them into serv-
ice except within the limits of the State. The law is adapted to home
service, or more particularly to parade, and inapplicable to actual serv-
ice on the field. A few suggestions and recommendations on this point
will be detailed in a subsequent paragraph of this report, to which
special attention is requested. The military fires enkindled within
the chivalric sons of Mississippi within the past year are unprece-
dented in her military annals. The number of companies organized
up to the 16th of January, 1861, dating from January 1, 1860, amounts
to sixty-five. Of this number fifty-five organized as rifles, but some
three or more have been furnished the altered percussion musket, and
others will be compelled to resort to the same arm. Of this number
only one company organized as infantry and one as light infantry
(Monroe Light Infantry and Enterprise Guards as infantry with rifled
muskets). The number of cavalry companies formed amounts to
eight; the number of artillery, three. As to the exact number of men
composing these companies it is impossible to state definitely, for the
reason that the law upon which these organizations were effected has
been waived for the past few months owing to the exigencies of the
times; and again, in petitioning for organization the companies fre-
quently carry out the law to the extent only to entitle them to organi-
zation, that is, getting only thirty- two signatures to the petition, when
the company numbers probably fifty men or more. I therefore state
the number of regular, uniformed volunteers will be based upon the
arm distribution (and by approximation for companies not holding
arms), which is the surest method of arriving at an estimate of the
number of men. The impossibility of procuring the Mississippi rifle
with saber bayonet has produced much dissatisfaction among the com-
panies, and while it has caused the disbandment of some, prevented
the organization of others, and has therefore been prejudicial in two
distinct ways. Relative to the Mississippi rifle, it is but justice to state
that every effort has been made to procure them within the power of
this department. This arm being renowned for the brilliant victories
achieved upon the battle-fields of Mexico in the handsfof the First Regi-
ment of Mississippi Riflemen, has derived the appellation of Mississippi
rifle, and is the principal arm called for by the volunteer corps. In
consequence of the numerous applications for this rifle the adjutant-
general, in compliance with verbal instructions, proceeded North in
May last for the purpose of making contracts for this rifle to supply the
demand existing up to the time of departure. This was effected after
much difficulty in finding a suitable armory for its manufacture. On
the 6th of June a contract was closed with Eli Whitney, of Connecti-
cut, for 1,500 of these rifles with bayonets, 1,000 of which were to be
delivered by the 1st of December, 1860. At the time of the first deliv-
ery of arms, October 15, said Whitney raised a point relative to the
inspection, fearing an inspection by an officer of the Army, and
refused to have them examined, and therefore shipped but sixty of

CONFEDERATE AUTHORITIES. 63

said arms as samples, he said, of what he could furnish. The arms
were received and examined and proved to be old guns fixed up.
Such an act being a violation of the letter and spirit of the contract,
none of the arms were taken as a part of the contract, though the
sixty were taken as an experiment. The affair is now being adjusted
between a U. S. Senator and said Whitney, but owing to the bad faith
of Whitney the arms will probably never be received and the com-
panies will have to resort to whatever can be furnished. The number
of commissions issued to oflBcers of volunteer companies approxi-
mates 255; of this number 65 were issued to captains and 190 to lieu-
tenants. Several companies were organized and commissions were
issued early in the spring, but owing to causes but part,ially reported
they disbanded within a few months after their organization — among
them Sharon Rifles, of Madison County; University Rifle Company,
La Fayette; Chickasaw Dragoons, Chickasaw ; Home Guards, Lowndes,
and a few others. The commissions to the officers are not included in
the aggregate of commissions. The number of men regularly organ-
ized into uniformed companies of volunteers amounts to 2,027 armed.
Of the 38 companies unarmed, allowing 50 men for an average of
each, we have 1,900 unarmed volunteers, which number added to the
number of armed men gives an aggregate of 3,927 men belonging to
the volunteer companies, which approximation will vary but little
from the correct number. This force armed and properly officered
would on the field be formidable to an advancing foe. The number
of anns in the hands of the troops amounts to 2,127 stand; of rifles,
1,256; of percussion muskets, 391; of flint, about 60; of pistols, 462;
of sabers, 360, and will be classified in the schedule marked A* in the
appendix.

The State quota of arms from the United States Government for the
year 1860, amounting to 315 muskets or their equivalent in other
arms, was drawn in field artillery, amounting in all to si.x 6-pounder
bronze guns and two 12-pounder howitzers, all of which were dis-
mounted save one 6-pounder with carriage, limber, and implements
and equipments complete, and one set of harness for four horses.
These guns have all been mounted at the State penitentiary and are
ready for the field, with the exception of harness, caissons, battery
wagons, and forge. Special attention is called to the caissons, bat-
tery wagons, and forge. There is not a caisson, battery wagon, or
forge in the State (at least no record of such in the office), and a field
battery is incomplete and but partially effectual without them. The
harness is being made, and the caissons, &c. , can be made at about
the same expense as a gun carriage. Fortunately for the State the
quota for 1861, amounting to 319 muskets, was ad.vanced by the Sec-
retary of War in May, 1860, and was taken in U . S. long-range rifles
with Maynard primer and saber bayonets, and amounted to 212. In
consequence of the inability to make various irons necessary in the
construction of the 6-pounder gun carriages, the Secretary of War
advanced the requisite irons on account of the quota for 1861, which
irons amounted to 34 muskets or $442, thereby reducing the number
of rifles.

The Legislature at the session of 1859 and 1860 passed an act enti-
tled "An act further to regulate the militia and volunteer systems."
One section of said act established a volunteer military board, to be
composed of the captains of volunteer companies of all arms through-
out the State. In compliance with the provisions of said act the Board

♦Omitted,

CORRESPONDENCE, ETC.

assembled in Jackson in May and proceeded to effect an organiza-
tion of the volunteer forces. By the action of said Board the State
comprises one division, which is subdivided into two brigades, each
brigade subdivided into two regiments, and each regiment into two
battalions. This is the existing volunteer military organization of
the State, and will suflftce unless there are numerous accessions to
the volunteer corps, when an additional number of general ofScers
will be required. By the existing law the officers commanding the
division, brigades, &c., who are elected by said Board while exercising
the command of general and field officers, are only commissioned as
captains. Such is unprecedented in military history, and I there-
fore suggest, in order to obviate a constitutional point which was
raised on the passage of the bill, that said Board act as a convention
and be allowed only to make the nominations for these offices, and
that the members of the division, brigades, regiments, &c. (the quali-
fied electors), be required to elect the several officers, and that the
nominations be not confined to the captains of companies as at pres-
ent, but extend through the whole of the different corps, thereby
allowing privates who possess military qualifications an equal chance
with officers. I further suggest that the elections for these offices be
ordered from general headquarters and to take place annually or
biennially, or otherwise, upon the same day throughout each com-
mand. By this method the constitutional point will be obviated, and
a general or field officer can be commissioned according to the rank
he holds. The Board provides that the staff of the commandant of
division shall consist of twelve, and the staff of the commandant of
brigade shall consist of twice the number prescribed by the Army
Regulations, without specifying the rank of either member of each
staff. I suggest that each staff be reduced, and that the rank of each
officer be specified. No reports of the practical operations of the
division, brigades, &c., have been received at this department. I
recommend that at the next meeting of the Board a committee be
appointed to draft a system of regulations for the volunteer organi-
zation. The law requiring the captains of volunteer companies to
make annual reports to the adjutant-general of the condition of
their arms has been but partially complied with. The reports that
have been received will be found in the appendix.

The number of men subject to military duty as far as reported
amounts to 39,263, and are distributed in the different counties as
foUows, viz:

County.

Greene. .-
CoTiogton
Adams —
Neahoba. .
Oktibbeha

Tunica

Monroe —
MarsbaU .
Rankin —
Kemper . .
IsBaquena
Lawrence

Copiah

Wayne

Jones ....

Men.

216

438

753

714

760

187

1,165

1,516

1,032

664

151

736

1,393

278

394

County.

Jackson....
Noxubee . - .
Pontotoc ...
Tishomingo

Tippah

DeSoto

Warren

Coahoma . . .

Bolivar

Madison

Hinds

Tazoo

Jasper

Itawamba . .
Holmes

Men.

541

762

2,089

3,480

2,400

1,962

940

296

326

863

1,223

1,156

680

2,082

480

County.

Winston ..

Amite

Wilkinson

Panola

Talobusba
Newton ...
Hancock ..
Simpson...

Clarke

Pike

ITianklin ..

Attala

Smith

Claiborne. .

Men.

544
690
592

1,063

1,241
455
443
369
954

1,201
576

1,179
632
568

From the following counties no military rolls have been returned,
viz: Calhoun, Can-oil, Chickasaw, Choctaw, Harrison, Jefferson,

CONFEDERATE AUTHORITIES. 65

La Fayette, Lauderdale, Leake, Lowndes, Marion, Perry, Scott, Sun-
flower, Tallahatchie, Washington.

Relative to the militia, will state that the law requiring parades is in
existence, but no orders have been issued by the commander-in-chief
instructing general and field oflScers to enforce the law. The law requir-
ing these parades was revived some eleven months ago, and not one
report has been received from any company, regimental, or battalion
parade. The law as it exists is impracticable, and requires to be
remodeled before it can be effectual. The little interest taken in the
militia is conclusive evidence that a regular organized militiais contrary
to the spirit of the people, and an organization can never be effected
when the people agree by common consent to disregard the law; and
laws being of no purpose when they are unobserved, I recommend the
repeal of the law. Proof suflSciently conclusive to show that but little
interest is taken in the militia has been furnished this ofl&ce by the
recent ret\irns of election, as some counties which have 800 or 900
men subject to military duty polled at the election for field officers
only from two to fifteen votes. Further proof is that during last
spring an election was ordered by the colonel of the Ninth Regiment
of the First Division for an election of company officers, which he
reports to this office as follows: "The qualified electors were present,
the polls opened, and the men refused to vote." He desired to know
what was to be done. The only reply was that the framers of the bill
anticipated no such gross disrespect to military authority and made
no provisions relative thereto. Legislative action is recommended on
this point. To show the impracticability of the law it is necessary to
state that a regiment is composed of ten companies, or 1,000 men. By
the law each county constitutes a regiment. In numerous counties
the number of men subject to duty does not exceed 600, and in some
the number exceeds 2,500. Still further, the companies are limited to
sixty-four men, and by the law not more than eight companies in a
regiment; therefore it is impossible to effect an organization under
this law. I recommend its repeal and suggest that a per capita tax
be collected in lieu of this militia duty and be deposited in the State
treasury for general military purposes.

On the first Monday in October last the regular biennial election for
militia officers was holden, and from the returns not more than two-
thirds of the requisite officers were elected. The number of commis-
sions Issued amounts to 299; of general officers, 12; of field, 104; of
staff, 28; of line, 155. The issuing and distribution of commissions
to the oificers entails expense upon the State and infinite unnecessary
labor in this office, and produces no good whatever. 'Should it be
deemed unadvisable to repeal this law I recommend a convention of
the general officers and their staffs for the purpose of adopting a sys-
tem of regulations and a uniform, <fcc. The amount of the expendi-
tures of the department for arms and military purposes is about
126,900.42. The apportionment of the expenditures will be found in
the appendix. The receipts have been small. A sale of old and
worthless muskets was effected with a house in New York. The
amount received was $292, which has been deposited to the credit of
the department. The volunteer companies are recommended in their
elections of officers to select always men of military qualifications, as
it is impossible for an officer to impart to his subalterns knowledge
which he does not possess. The creation of the office of inspector-
general of volunteers, and the consolidation of the duties of said office

5 R R — SERIES IV, VOL I

6Q CORRESPONDENCE, ETC.

and those of quartermaster-general also with the duties of adjutant-
general, render the total duties too onerous for a single officer to per-
form, were he able to jwrform them, which is impossible from their
variety. The duties of quartermaster, at this time being sufi&cient for
one officer to perform, render it impossible for the duties of adjutant-
general to be discharged properly, which are equally as important;
and the duty of inspector-general of volunteers while this duty is
being performed renders it impossible to transact the business of
either of the other offices. I therefore recommend that a clerk be
allowed this office and that the duties of quartermaster devolve upon
the proper officer for such compensation as the Legislature may see
fit to allow.

The law requiring the adjutant-general to inspect the various vol-
unteer companies throughout the State once in two years has been
but partially complied with, owing to protracted illness occasioned in
the prosecution of these duties. Only four companies were inspected,
to wit, Port Gibson Riflemen, Adams Light Guard Battalion (Natchez),
Volunteer Southrons, and Vicksburg Sharpshooters (Warren). Orders
were issued for the inspection of the Quitman Guards, at Holmesville,
Pike County; Gainesville Volunteers, Hancock County; Biloxi Rifle
Guards, in Harrison County; Quitman Light Infantry, in Noxubee
County; Noxubee Riflemen, at Macon, and Cohimbus Riflemen,
Columbus; and other orders would have been issued but for the
cause above mentioned.

In regard to the companies inspected, will remark that each mani-
fested much zeal and military proficiency, the captains being officers
of military bearing, «fec. I would recommend to the captains of vol-
unteer companies a regular system of instruction. For infantry,
commencing with the school of the soldier and continuing through
the school of the company to the school of the battalion ; for cavalry,
the school of the trooper, &c. ; for the artillery, light artillery tactics.
Owing to the probability of a war between the two sections of the
country, I would recommend to the companies who expect to engage
in it a thorough system of drilling and practice in the advance in line
of battle, "for the history of the application of modern tactics in
battle gives the lesson that courage is dependent upon instruction."
The existing military law, with some alterations, while it would meet
the exigencies of the volunteer corps in time of peace, is wholly
unadapted to the field in time of war, for while it allows the captain
commanding the division to order parades, encampments, &c., it does
not authorize the commander-in-chief to call them into service except
in the State, and there being no probability- of an/ necessity for their
services in the State they cannot be called to assist another State.
Such being the case, I suggest the propriety of making no further
distribution of arms until some other arrangements better adapted
can be made, and will recommend that in the event a Southern con-
federacy is formed and active hostilities are commenced between the
South and the North, that the military organizations that are formed
for the service be organized irrespective of the existing law, and with
strict conformity to military law, the company composed of 100 men
being the basis of organization.

The Legislature of 1858 passed an act appropriating the sum of $125
to volunteer companies of infantry and $150 to cavalry after the i)er-
formance of certain duties. Under this appropriation has been drawn
the following amounts, viz :

Quitman Light Infantry $135

Quitman Guards _. 125

CONFEDERATE AUTHOEITIES. 67

Covington Guards _.. $135

Col. B. AdamB- Light Guard _ _. 125

500

This act has been repealed and another substituted in lieu thereof,
appropriating the sum of $9 to each member of a volunteer company
that performs within twelve months nine days' military duty. Under
this act of appropriation the following sums have been drawn, to wit:

Bilosi Rifle Guards _ $370

Quitman Guards 234

Home Guards _ 324

Gainesville Volunteers 342

O'Connor Rifles __ 567

Irrepressibles _ - - 567

2,404

I would recommend that a sufl&cient sum to supply the of&cers of
volunteer companies with tactics be appropriated, and would suggest
the purchase for this purpose of Gilham's Manual for Volunteers and
Militia, a work recently published by authority of the State of Vir-
ginia, comprising the tactics for each arm of the service as compiled
by oflScers of the infantry, artillery, and cavalry of the regular
service.

The duties of quartermaster-general devolving upon this depart-
ment, a passing notice relative to the business of the department is
necessary. In the month of March last the old arms and accouter-
ments (a pile of rubbish) in the arsenal were overhauled and exam-
ined, cleaned, and stored away for an emergency, but it is hoped that
an emergency that would bring them into requisition may never arise.
Should, however, such take place, then we might truly exclaim, with
the Latin poet, that "Man is never conscious of the danger he has
every moment to avoid." A list of these arms and accouterments is
on file in this office, but is unnecessary to be made in this report.
The following is a list of the arms, &c., examined at the general over-
hauling that are in tolerable order and fit for use, viz:

Bayonet scabbards, 229, 75 of which were issued to the Enterprise
Guards; cartridge-boxes, pistol and musket, 315; rifle pouch and
flask belts, 214; waist belts, 56; saber belts, 106; saber knots, 107;
gun slings, 119; dragoon shoulder belts, 276; holsters, 60; rifle
pouches, 116; powder flasks, 88; flint-lock muskets, browned barrel,
160; flint-lock muskets, bright barrel, 72; sabers, 106. Most of the
cartridge-boxes, sabers, belts, holsters, pouches, flasks, <fcc. , have been
distributed. The arsenal is in bad condition, the floor being worth-
less from dry rot, and the building totally insecure.

On the 6th of June closed a contract with the Ames Manufacturing
Company, of Massachusetts, for 1,700 sets of accouterments, 500 of
which have been received. On the 15th of December, in compliance
with verbal instructions, proceeded to the Baton Rouge Arsenal to
examine a lot of altered TJ. S. percussion muskets with a view to the
purchase of 5,000 stand. The arms were examined and proved sat-
isfactory, and on the 31st of December the final arrangements were
closed in New Orleans between the United States Government and
the State of Mississippi. These arms have all been received and are
now stored, awaiting orders relative to their distribution.

The Secretary of War in November last addressed a communica-
tion to His Excellency relative to the distribution of a lot of books
(Revised Instructions for Field Artillery), which were stored by the

68 CORRESPONDENCE, ETC.

U. S. quartermaster at Philadelphia awaiting orders. The quota,
amounting to forty-three volumes, was ordered to be forwarded to
this department, and has been received. There are about 150 stand
of percussion rifles in the State that are not included in the abstract
of arms, Ac, belonging to the State. These arms have been ordered
to be returned to this department, but none have been received. They
were drawn by the Lauderdale Rifles, Attala Guards, and Monroe
Riflemen, each of which has disbanded.

In concluding these remarks, will again call the attention of the
volunteer companies to the necessity of a regular system of instruc-
tion and to the importance of frequent instruction on the field.

All of these suggestions, recommendations, &c., are respectfully
submitted.

W. L. SYKES,
Adjutant- General.

Attention is called to the subjoined reports of the inspection of
volunteer companies by the adjutant-general.*

Note. — In making up the aggregate of arms, &c., belonging to the
State, no mention was made of 175 cadet muskets and accouterments.
These muskets were drawn from the United States Government some
years ago and turned over to Mr. Ashbel Green, president of the Mis-
sissippi Military Institute, located at Pass Christian. Of these mus-
kets seventy-five are in use at the institute; the others have been
ordered to be forwarded to this department, and should they be
received will be turned over to the Brandon State Military Institute.

Address to the people of Alabama. \

The undersigned, delegates to the convention of the people of the
State of Alabama, feel it their duty to themselves, to their constitu-
ents, and to the people of the State at large to make public the rea-
sons that actuate them in withholding their signatures from the
ordinance of secession by which the people of Alabama resumed, on
the 11th day of January, 1861, the powers previously delegated to and
exercised by the Federal Government. This duty is the more impera-
tive, as designing persons have misrepresented, and will continue to
misconstrue, their refusal to participate in a mere form of attestation
into opposition and hostility to a solemn act of the State. This act is
binding on all citizens alike, and none are more ready than the under-
signed to yield a cheerful obedience to the will of th^ir State, to which
they owe their first and paramount allegiance, and none will be more
faithful in upholding and sustaining at any price and at any saci'ifice
her interest and her honor in the attitude she has assumed by this
act. If, therefore, the enemies of the State derive comfort from the
refusal of the undersigned to sign the ordinance, the fault will lie
with those who misrepresent their motives or impugn their patriotism
and loyalty to their State. The ordinance derives no additional
validity from the signatures of the individual delegates composing
the convention. The affixing the signatures is a mere form of attesta-
tion, and might be, and most likely would be, regarded as a volun-
tary abandonment and retraction of those principles and views of

* Reports omitted. The companies inspected were the Port Gibson Riflemen;
the A(&ms Light Gnard Battalion, at Natchez; the Vicksburg Shai-pshooters and
the Volunteer Sonthrons, at Vicksburg.

fFrom Journal of the Alabama Convention, January 19, 1861.

CONFEDERATE AUTHORITIES. 69

ptiblic policy advocated by the undersigned before the people, and
which caused them to oppose the passage of the ordinance of seces-
sion in its present form. While the undersigned cannot consent to
have even the appearance of modifying or relinquishing these views
and principles, they do sincerely disclaim all intention to perpetuate
the bitterness and animosities of former party divisions, or to encour-
age new divisiops between those who favored and those who opposed
separate State action, and they solemnly pledge themselves to a faith-
ful and zealous support of the State in all the consequences that may
result from the ordinance of secession. These principles and views
of public policy, to which they stood pledged to their constituents,
and which have governed their action in convention, are so well
known as to require only a brief enumeration.

First. The great fundamental principle that all representative
bodies, exercising a high and responsible public trust, should submit
their acts for the approval or condemnation of those by whom the
trust was confided, especially when in the discharge of such trust is
involved a radical change in the existing government, affecting alike
the highest and the lowest in the land, and upon which depends the
welfare and happiness of not only this generation, but that of the
remotest posterity, demanded that the ordinance of secession should
have been submitted to the people of the State for their ratification
or rejection at the ballot box. This principle is the foundation of the
whole theory of popular government and is the only safeguard to the
abuses of trust and the usurpations of power.

Second. Not only comity, but the interest of ail concerned, and of
none more than Alabama, dictated the policy of respectfully consult-
ing with all the States whose identity of interest makes their ultimate
destiny inseparable from ours and who are affected almost as much
as ourselves by any action on our part; of devising with them, or at
least such of them as would join us in a plan of harmonious and
simultaneous action, thus presenting in all our dealings with the
Federal Government, foreign nations, or hostile States a united
strength, a moral power, and a national dignity which no single State
could hope to present; of Establishing a new confederacy of all the
States engaged in a common cause before finally severing all connec-
tion with the Federal Government, and thus avoiding to the individ-
ual Slat«s the burdens and dangers of an independent and separate
national existence, placing the formation of a new confederacy beyond
the risks and hazards to which it would be subjected by the conflict-
ing interests and views of disunited States, each acting for itself,
without concert one with another, and leaving no interregnum during
which men's minds could be unsettled, and all material interests
jeoparded by the uncertainties of the future. These views of policy
the undersigned are convinced are the only ones consonant with pru-
dence and a wise discretion, and the only ones that can lead to a
peaceful and successful termination of present diflSculties. It is not
yet too late to apply them, at least in part, to the management of pub-
lic affairs, and as we see with pleasure the cheering indications of
their being more generally recognized and adopted than during the
first effervescence of popular excitement at the accumulated wrongs
and insults of hostile and sectional factions, culminating in the elec-
tion of a sectional President, it will not be necessary to add, in con-
clusion, that in refusing to sign the ordinance of secession the under-
signed are actuated by no desire to avoid the responsibilities that now
attach, or may hereafter attach, to the act by which the State with-
drew from the Federal Union. Not only will they share these respon-

70 COERESPONDENCE, ETC.

sibilities alike with those who sign the ordinance, but if it should
appear £hat the public interest or expediency requires the affixing of
their signatures they will unhesitatingly and cheerfully do so, their
object being in the present statement solely to defend and maintain the
principles and line of policy the advocacy and support of which was
intrusted to them by their constituents, and which they believed to
be of vital importance to the future peace and welfare of the State.
With this brief exposition of our acts and the reasons therefor, we
are willing to be judged by a candid public. The truth and sincerity
of our declarations and motives time alone can decide, and upon the
correctness and wisdom of those principles and views of public policy
by which we have been governed "other men and other times" will
render a correct verdict.

R. JEMISON, Jr., W. R. SMITH.

WM. O. WINSTON, NICH. DAVIS.

JOHN GREENE, Sr., THOS. J. McCLELLAN.

JOHN P. TIMBERLAKE, JOHN POTTER.

M. J. BULGER, S. C. POSEY.

Committee. E. P. JONES.

A. KIMBALL. B. W. WILSON.

W. M. EDWARDS. LANG. C. ALLEN.

R. J. WOOD. JOHN A. STEELE.

GEORGE FORRESTER. J. P. COMAN.

HENRY M. GAY. HENRY C. SANFORD.

WINSTAN STEADHAM. JOHN S. BRASHER.

ARTHUR C. BEARD. W. A. HOOD.

JAMES L. SHEFFIELD. JOHN R. COFFEY.

JOHN FRANKLIN. TIMOTHY J. RUSSELL.

JONATHAN FORD. H. C. JONES.

ROBERT GUTTERY. WM. L. WHITLOCK.

AN ORDINANCE to dissolve the nnion between the State of Georgia and other
States united with her under a compact of government entitled " The Constitu-
tion of the United States of America."

We, the people of the State of Georgia, in convention assembled,
do declare and ordain, and it is hereby declared and ordained, That
the ordinance adopted by the people of the State of Georgia, in
convention, on the 2d day of January, in the year of our Lord
seventeen hundred and eighty-eight, whereby the Constitution of the
United States of America was assented to, ratified, ^nd adopted, and
also all acts and parts of acts of the General- Assembly of this State
ratifying and adopting amendments of the said Constitution, are
hereby repealed, rescinded, and abrogated.

We do further declare and ordain, ITiat the union now subsist-
ing between the State of Georgia and other States, tinder the name
of the "United States of America," is hereby dissolved, and that the
State of Georgia is in the full possession and exercise of all those
rights of sovereignty which belong and appertain to a free and inde-
pendent State.

Passed January 19, 1801.

GEO. W. CRAWFORD,

President.

Attest.

A. R. LAMAR,

Secretary/.

CONPEDEBATE AUTHORITIES. 71

Montgomery, January 19, 1861.
His Excellenfey Governor A. B. MoOKE:

Dear Sir: As soon as possible after receiving your commission- to
me to confer with the authorities of Texas, I ^-isited Austin, the seat
of government. I did not find either the Legislature or convention in
session, and the Governor was absent. For his return I waited, and
with him I had a short conference, being kindly and hospitably
received by him and the citizens of Texas generally. The Governor
being the only public authority with whom I could confer, I addressed
to him a short communication in writing, which I now inclose, and
from him received to-day by mail a reply, for which I could not wait
for a personal delivery. This I also inclose. The citizens of Texas
seemed everywhere to be alive to the grave issues which were forced
upon them for consideration. I do not deem it proper to give the
impression which was made on my mind as to their future action from
what I saw and heard in my hurried trip from Galveston to Austin
and back. This, however, is the less important, as her Legislature
meets on the 21st instant, and a convention, called by her citizens
themselves, meets on the 28th instant; and from these we shall soon
have an. authoritative expression of views and course of action. How-
ever unsatisfactory the meager results of my mission may be, I trust
Your Excellency will think that I have done all I could do under the
circumstances and in the short time allowed me.
With sincere respect, I remain, yours, Ac,

J. M. CALHOUN.

[Inolosnre No. 1.]

Austin, January 5, 1861.
His Excellency Governor Sam. Houston:

Dear Sir: I come as the accredited commissioner of the State of
Alabama to consult and advise with yourself and the members of the
State Legislature and of the convention of Texas as to what is best
to be done to protect the rights, the interests, and the honor of the
slave-holding States. Neither the Legislature of Texas nor any con-
vention being now in session, and my speedy return to Alabama being
required, my conference must be of necessity confined to yourself,
with a request that my communication to you may be communicated .
to the Legislature of Texas when it shall assemble, as I am pleased to
learn it wiU at no very distant day. In the performance of this my
duty, under all the surrounding circumstances, I have only simply
to say that Alabama, through her Legislature, being the first to move
in the direction which may probably result in the -sever jftice of all con-
nection with the Federal Government as the only means of saving
her citizens from the utter ruin and degradation which must follow
from the administration of that Government by a sectional, hostile
majority, desires to assure her sister slave-holding States that she feels
that her interests are the same with theirs, and that a common destiny
must be the same to all; that, therefore, whatever may be the course
which she may deem it proper to take to meet the dangers by which
she as well as they are surrounded, she will do so with an earnest
desire that there may be in the present and in the future an unbroken
bond of brotherhood and union between herself and Texas and every
other slave-holding State; that she will not act with rashness or
thoughtlessness, but with mature and deliberate consideration ; that
she will, by all means, endeavor to avoid the doing of any act whioh

72 COEEESPONDENCE, ETC.

may shake the confidence or alienate the friendly feelings of her sister
slave-holding States; that whatever may be the determination of her
people, to be assembled in their sovereign character in convention on
the 7th instant, they will still cover themselves and posterity under
the folds of the old Constitution of the United States in its purity
and truth.

It is perhaps my duty to give Your Excellency my individual
opinion that the action of the convention to assemble on the 7th
instant will be to withdraw the State from the present Union, and to
take her position as a sovereign and independent State, seeking and
desiring a near and perfect union with all the other States of the
South as speedily as possible. This will, however, have been decided
one way or the other, and be made known to the Legislature of your
State by the time it shall assemble.

Hoping and trusting that there may be no discord between the
States of the South; that unanimity, confidence, wisdom, prudence,
and firmness may mark the course of all, and that a kind Providence
may rule over and guide and protect us in our day of gloom and
danger,

I remain, vei-y respectfully, your obedient servant,

J. M. CALHOUN,
Commissioner from Alabama.

[IncloBQre Ko. 2.]

Executive Department,

Austin, Tex., Jamuxry 7, 1861.
Hon. J. M. Calhoun,

Commissioner from, Alabama :
Dear Sir: Your communication of the 5th instant, informing me
of the objects of your mission on the part of the State of Alabama, is
before me. As a citizen of a sister State, bearing an appointment aa
commissioner to Texas from her Chief Executive, I welcome you here,
and trust that whatever ideas you may adopt in reference to the polit-
ical opinions of the people of Texas you may bear back with you the
evidences of their kindness, hospitality, and friendship. Having
convened the Legislature of the State with a view to its providing a
mode by which the will of the people of Texas may be declared
touching their relations with the Federal Government and the States,
I cannot authoritatively speak as to the course they will pursue. A
fair and legitimate expression of their will through the ballot box
is yet to be made known. Therefore, were the Legislature in session,
or were a legally authorized convention in session, until the action
taken is ratified by the people at the ballot box, none can si)eak for
Texas. Her people have ever been jealous of their rights, and have
been careful how they parted with the attributes of their sovereignty.
They will reserve to themselves the right to finally pass upon the act
involving so closely their liberties, fortunes, peace, and happiness;
and when, through the free exeicise of that sacred privilege which
has ever until now been deemed the best security for the liberties of
the people and the surest means of remedying encroachments upon
their rights they have declared their will, then, and then only, can
any speak for Texas. Until then nothing but individual opinions can
be expressed, and mine are entitled to no more weight than a long
acquaintance with the people and a continued intercourse and com-
munication with them would justify.

CONFEDERATE AUTHORITIES. 73

That there is a difference of opinion existing in Texas in relation to
the course necessary to pursue at this period none can deny. Citizens
alike distinguished for their worth and public services hold opposite
views; and while all are united in the determination to maintain our
constitutional rights, they dififer as to the mode of accomplishing the
same. In this I do not include that reckless and selfish class who,
moved by personal ambition or a desire for office or spoil, desire a
change of government in the hope that aggrandizement will attend
them. I believe, however, that a large majority of the people, recog-
nizing the obligations they owe to the Border States, who have so long
stood as barriere against the assaults of Abolitionism, desire to concert
such measures as will not only conduce to their safety but the benefit
of the entire South. As Executive of the State I have deemed it my
duty to present to the other Southern States a proposition for a con-
sultation having that object in view. Alabama has not yet responded
to the same, and although the tenor of your letter indicates that she
will pursue a different course, I trust that when the great interests at
stake are duly considered by her people they wiU determine to join
with Texas and a majority of the Southern States in an honest and
determined effort to obtain redress for the grievances which the North
has put upon us ere they take the fatal step, which, in my opinion,
ultimately involves civil war and the ruin of our institutions, if not
of liberty itself.

If Alabama has been the first to move in the direction which may
possibly result in the severance of all connection with the Federal
Government, it is a matter of pride to me that Texas has, in the time
of peril, been the first to move in that direction calculated to secure
Southern unity and co-operation. Texas is the only one of the States
which possessed, ere her connection with the Union, full and complete
sovereignty. Though she brought an empire into the Union and
added vastly to the area of slavery, she arrogates to herself no especial
privileges, nor has she yet consulted her own safety or interest, save
in common with that of the entire South. Knowing the obligations
which she took upon herself when she came into the Union, she has
thus far shown no desire to relieve herself of those obligations until
it is manifest that the compact made with her will not be observed.
Having made an effort, in concert with her sister slave-holding States,
to secure the observance of that compact and failed in that effort, it
would then be her pride to sink all considerations prompted by her
own ambition and share a common fate with them; but if, on the
contrary, they, consulting their own interests and their own inclina-
tions, neither seeking her counsel nor co-operation, aifit separately
and alone, and abandon a Union and a Government of which she yet
forms a part, Texas will then be compelled to leave a policy whereby
she has unselfishly sought the good of the whole South, and will pur-
sue that course which her pride and her ancient character marks out
before her.

Were I permitted to trust alone to the tenor of the first part of your
communication, and had you given me no assurance of the fact that
although Alabama desires to assure her sister slave-holding States
that she feels that her interests are the same with theirs, and that a
common destiny must be the same to all, and that she will, through
her convention which assembles to-day, the 7th instant, withdraw
from the present Union and take her position as a sovereign State,
I could give you more assurances of my co-operation as Executive of
Texas with Alabama in the present emergency. Should Alabama,

74 CORRESPONDENCE, ETC.

without waiting for the action of Texas, withdraw from the Union,
and Texas, by the force of circumstances, be compelled at a future
period to provide for her own safety, the course of Alabama, South
Carolina, and such other States as may follow their lead will but
strengthen the conviction already strong among oiu- people that their
interest will lead them to avoid entangling alliances, and to enter
once again upon a national career. No claim would then exist upon
Texas, for her co-operation has not been deemed important at a time
when it was essential to her safety, and her statesmen will deem that
she violates no duty to the South in imi)eriltng once again her Lone
Star banner, and maintaining her position among the indei)endent
nations of the earth. If the Union be dissolved and the gloomy fore-
bodings of patriots be realized in the ruin and civil war to follow,
Texas can "tread the wine press" alone in the day of her misfortune,
even as her freemen trod it in the past; and if she fails in the effort
to maintain liberty and her institutions upon her own soU, she will
feel that posterity will justify her and lay no blame at her door.
Texas, unlike Alabama, has a frontier subject to hostile incursions.
Even Avith the whole power of the United States to defend her, it is
impossible to prevent frequent outrages upon her citizens. The
numerous tribes of Indians, now controlled by the United States, and
restrained by treaty stipulations and the presence of the army, would
by the dissolution of the Union be turned loose to provide for them-
selves, and judging from the past it is not unreasonable to suppose
they will direct their savage vengeance against Texas. The bandits
of Mexico have within the past year given an evidence of their will-
ingness to make inroads upon us could they do so with impunity.
These are some of the consequences of disunion which we of the
border cannot shut out from our sight. If Texas has been compelled
to resort to her own means of defense when connected with the pres-
ent Union, it is not to be supposed that she could rely for protection
on an alliance with the Gulf States alone, and having grown self-
reliant amid adversity and continued so as a member of the Union,
it will be but natural that her people, feeling that they must look to
themselves, while sympathizing equally with those States whose insti-
tutions are similar to their own, will prefer a separate nationality to
even an equal position in a confederacy which may be broken and
destroyed at any moment by the caprice or dissatisfaction of one of
its members. Texas has views of expansion not common to many of
her sister States. Although an empire within herself, she feels that
there is an empire beyond essential to her security. She will not be
content to have the path of her destiny clogged. The same spirit of
enterprise which founded a republic here wSl carry her institutions
southward and westward. Having when but a handful of freemen
withstood the power of that Nation and wrung from it her independ-
ence, she has no fear of Abolition power while in the Union; and
should it be the resolve of her people to stand by the Constitution
and maintain in the Union those rights guaranteed to them, she will
even be proof against the "utter ruin and ignominy" depicted in
your communication. A people determined to maintain their rights
can neither be ruined nor degraded, and if Texas takes upon herself
the holy task of sustaining the Constitution, even in the midst of its
enemies, history will accord her equal praise with those who sought
only their own safety and left the temple of liberty in their possession.
Were I left to believe that Alabama is disposed to second the efforts
made to secure the co-operation of the South in demanding redress

CONFEDERATE AUTHORITIES. 75

for our grievances, or that her course would in the least depend upon
that of Texas, I would suggest such views as sincere and earnest
reflection have induced. But as you express the opinion that Ala-
bama will, through her convention, without waiting to know the senti-
ments of the people of Texas, act for herself, there can be no reason
why I should press them upon your attention, nor is it a matter of
importance whether they reflect the popular sentiment of the State or
not. They would be alike unavailing. Nor will I enter into a dis-
cussion as to how far the idea of the adoption of the Constitution of
the United States will be acceptable to the people of the States form-
ing a Southern confederacy. That Constitution was a compromise of
conflicting interests. It was framed so as to protect the slave-holding
States against the encroachments of the non-slave-holding. The
statesmen of the South secured a representation for three-fifths of our
slave property. Whether this and other provisions of that instru-
ment will be deemed applicable to States which have no conflicting
interests so far as slavery is concerned is not for me to say ; but I
cannot refrain from expressing the opinion that if the proud and gal-
lant people of Alabama are willing to "still cover themselves and
their posterity under the folds of the old Constitution of the United
States in its purity and truth," the rights of Texas will be secure in
the present Union, so long as that Constitution is preserved and con-
trols the administration of the Government; and although the
"administration of the Government by a sectional, hostile majority"
will be distasteful to the feelings of Texas, if she can, by fair and
constitutional means, induce that majority to yield obedience to the
Constitution and administer the Government in accordance with it,
the triumph will be hers, and we will escape the miseries of civil war
and secure to us and to our posterity all the blessings of liberty which
by the power of union made us the greatest nation on earth.

Recognizing as I do the fact that the sectional tendencies of the
Black Republican party call for determined constitutional resistance
at the hands of the united South, I also feel that the million and a
half of noble-hearted, conservative men who have stood by the South,
even to this hour, deserve some sympathy and support. Although
we have lost the day, we have to recollect that our conservative
Northern friends cast over a quarter of a million more votes against
the Black Republicans than we of the entire South. I cannot declare
myself ready to desert them as well as our Southern brethren of the
border (and such, I believe, will be the sentiment of Texas) until at
least one firm attempt has been made to preserve our constitutional
rights within the Union. In conclusion, allow me to say that what-
ever may be the future of the people of Alabama, my hopes and ardent
prayers for prosperity will attend them. When I remember their
progress and the evidences they have had of the blessings of free
government, I join you in the belief that they "will not act with rash-
ness or thoughtlessness, but with mature and deliberate considera-
tion. " Forty-seven years ago, to prevent the massacre of her citizens,
it was upon her soil that I gave the first proofs of my manhood in
devotion to the Union. The flag that I followed then was the same
Stars and Stripes which the sons of Alabama have aided to plant on
many a victorious field. Since then Alabama has risen from an
almost wilderness region (under the fostering care of the Federal
Government and the power embraced in union) to a great, wealthy,
and prosperous people, and obtained a position which without union
with the other States she could not have achieved for ages, if ever.

76 CORRESPONDENCE, ETC.

Receive for yourself and the people of Alabama, whose accredited
commissioner you are, the assurances of my esteem and consideration.
I have the honor to be, your most obedient servant,

SAM. HOUSTON.

Montgomery, Jamtary 21, 1861.
His Excellency A. B. Mooke:

Sir: The rapidity with which information is now communicated
from place to place and the almost hpurly occurrence of most impor-
tant events render the recitals of this communication a mere repetition
of facts already familiar to the public mind, and though the events
herein recited concern the recent dissolution of a great Government,
they have already lost much of their absorbing interest because of
the rapid succession of other great political changes of a more recent
date. The convention of the people of the State of Mississippi
assembled at the city of Jackson on the 7th day of the present month,
and the Hon. William S. Barry, of Columbus, was elected president.
Then, after other officers were chosen, the convention proceeded to
the consideration of the great question which they had been empowered
to decide. The object of my mission was made known to His Excel-
lency J. J. Pettus, the Governor of that State, in a formal note, and
was by him communicated to the convention; and as commissioner
from this State I was invited to and accepted a seat in the convention,
and during my stay at the capital of Mississippi I witnessed the pro-
ceedings of the convention, in its secret as well as its public sessions.
The convention was composed of ninety-nine delegates, including
many of the most distinguished men of the State, and its deliberations
were conducted with the order, dignity, and solemnity fitting the
deliberations of a sovereign people changing their form of government.

There was a large majority of delegates who favored the immediate
dissolution of the political connection between that State and the Gov-
ernment of the United States, and a respectable minority was opposed
to the separate action of the State, but no delegate favored the con-
tinuance of the union longer than was necessary to obtain the sanc-
tion of the Southern States. The debates arising from these differences
of opinion among the delegates were conducted with great courtesy
and forbearance. On the one side the majority did not resort to the
parliamentary rules sometimes used to stifle debate, and on the other
the minority opposed no factious opposition to the will of the majority.
No bitter personalities marred the harmony of that body assembled
not to honor or to punish individuals, but to direct the destiny of the
State and to save its people from wrongs and dishonor.

On Wednesday, the 9th day of this month, a committee appointed for
that purpose reported an ordinance declaring the State of Mississippi
to be separated from the other States of the Union, and also giving the
consent of the people of that State to the formation of a confederacy,
on the basis of the present Constitution, with such States as had then
or might thereafter secede from the then Federal Union. Various
amendments were proposed and rejected, and about 5 o'clock in the
evening the ordinance was passed by a vote of 84 to 14. During the
call of the roll several of the delegates made remarks explaining their
votes, and though some of these remarks were most eloquent and
patriotic and were listened to by a large concourse of spectators, there
was no symptom of applause or other disorder to disturb the solemnity

CONFEDERATE AUTHORITIES. 77

of the scene. Wlien the pi-esident announced tJie passage of the ordi-
nance pi'ayer was offered in the most fervent and impressive manner
to the great Ruler of Nations for the peace, protection, and prosperity
of the new republic. It was a scene of moral grandeur— the doing of
a brave deed by a gallant people, trusting in God.

On the day after the passage of the ordinance I was formally invited
to address the convention, but as the purpose of my mission had been
accomplished, and having no authority from the convention of Ala-
bama to make any propositions concerning the formation of a new
government, and not even knowing what would be the action of our
State, I thought it best that I should not address the convention, and
therefore declined the invitation. The ordinance of secession was
enrolled on parchment, and it was signed on the 15th instant by every
delegate except two, who were absent from the convention. The peo-
ple of Mississippi are no longer divided. They are of one mind,
ready to spend their fortunes and their lives to make good that which
their delegates have ordained. As the minority of the delegates made
no factions opposition, so the minority of the people are not inclined
to make a seditious resistance to the sovereignty of the State. Those
who were opposed to changing the form of government are now, with
a patriotism worthy of all honor, determined to conquer or die in
defense of the rights and sovereignty of their State. I left Jackson
on the 18th instant, after having informed the Governor and the con-
vention of my intention to do so.

I have the honor to be, with great respect, your obedient servant,

EDMUND W. PETTUS.

JOINT RESOLUTION concerning the position of Virginia in the event of the
dissolution of the Union. Adopted January 21, 1861.

Resolved by the General Assembly of Virginia, That if all efforts to
reconcile the unhappy differences existing between the two sections
of the country shall prove to be abortive, then, in the opinion of the
General Assembly, every consideration of honor and interest demands
that Virginia shall unite her destiny with the slave-holding States of
the South.

AN ORDINANCE to declare and continue in force in this State sundry laws of
the late United States of America in reference to the African slave-trade.

The people of Georgia in convention assembled do hereby declare
and ordain, That all the laws passed by the Congress of the late
United States of America and in force in this State prior to the 19th
day of January, 1861, in reference to the African slave-trade, except
the fifth section of the act of the 10th of May, 1800, and also so much
of the act of 15th of May, 1820, as declares the offenses therein speci-
fied to be piracy, and in lieu of the penalty of death therein specified
there shall be substituted imprisonment in the penitentiary for a term
of years not less than five nor exceeding twenty, in the discretion of
the court, be, and the same are hereby, declared to be in full force in
this State : Provided, The same shall not be construed to extend to
the importation of negro slaves from any one of the slave-holding
States of the late United States of America, or from either of the
independent republics of South Carolina, Alabama, Florida, or Mis-
sissippi: Provided further, The slaves so introduced from the slave-
holding States of North America shall not have been imported from
beyond seas into such State since the 20th day of December, 1860.

78 CORRESPONDENCE, ETC.

Be it further ordained and declared, That the Governor of Georgia
shall discharge all the duties required by said laws of the President
of the United States, and the attorney or solicitor general of the judi-
cial district where the case arises shall discharge all the duties
required of the district attorney, and the sheriff of the county all
the duties required of the marshal.

Be it further ordained, That the State of Georgia sliall be substi-
tuted for the United States in every portion of the said laws where
the substitution is required by the present independent condition of
said State.
Passed January 23, 1861.

GEO. W. CRAWFORD,

President.
Attest.

A. R. LAMAR,

Secretary.

AN ORDINANCE to provide for the public defense.

Be it further ordained by the people of the State of Georgia in con-
vention assembled, That the Governor of this State is hereby author-
ized to raise and equip a regular militaiy force and to employ the
same in such defensive service as the public security in this or neigh-
boring States may demand. Such regular force shall not exceed two
regiments of infantry and light infantry and artillery, in such pro-
portion as the Governor may direct. The Governor as commander-
in-chief shall appoint and commission the necessary ofiQcers for these
forces, selecting as far as practicable officers of the U. S. Army who
may have entered the service of this State, according to their relative
rank, and all such commissions may be revoked whenever a govern-
ment shall be established by the Southern States to which Georgia
shall accede. The officers and enlisted men raised by this ordinance
shall receive the same pay and emoluments as are provided for simi-
lar service by the laws of the United States.

And be it further ordained, That for the regulation of all military
matters not otherwise provided for by the laws of this State, the
Articles of War and the Army Regulations declared and established
by the United States Government as lately existing, are hereby
adopted as far as applicable to the present condition of this State.

Passed January 25, 1861.

GEO. W. CEAWFORD,

President.

Attest.

A. R. LAMAR,

Secreitary.

AN ORDINANCE to resume jurisdiction over those places within the limits of
Greorgia over which jurisdiction has been heretofore ceded to the late United
States of America, and to provide for compensation to the said United States
for the improvements erected thereon.

The people of Georgia in convention assembled do hereby declare and
ordain. That the cessions heretofore made by the General Assembly
of this State granting jurisdiction to the late United States of America
over specified portions of the territory within the present limits of the
State of Georgia be, and the same are hereby, revoked and withdrawn,

CONFEDERATE AUTHORITIES. 79

and the full jurisdiction and sovereignty over the same are hereby
resumed by said State.

Be it further ordained. That the buildings, machinery, fortifications,
or other improvements erected on the land so heretofore ceded to the
said United States, or other property found therein belonging [to] the
United States, shall be held by this State subject to be accounted for
in any future adjustment of the claims between this State and the said
United States.

Passed January 25, 1861.

GEO. W. CRAWFORD,

Prestdent.

Attest.

A. R. LAMAR,

Secretary.

AN ORDINANCE concerning officers of the Army and Navy.

Whereas, certain ofBeers of the Army and Navy of the United States,
citizens of the State of Georgia, impelled by patriotic motives, have
already resigned their appointments and tendered their services to the
State; and whereas, others may desire to make the same tender:

Be it ordained by thepeopleof Georgia in convention assembled. That
all such officers who have resigned for the purposes aforesaid, or have
made such offer, and all those on the active-list who may resign and
make such tender of service within such time as circumstances maj^
admit, shall be received into the service of the State and shall be
appointed and commissioned by the Governor to the same relative
rank in the army and navy of Georgia which they held under the Gov-
ernment of the United States, and shall receive the same pay from
their entrance into service as they were entitled to at the time of their
resignations: Provided, That the Governor of this State shall employ
such oflScers in the service to which they may be respectively attached
in such manner as in his judgment the public exigencies may require.

Passed January 25, 1861.

GEO. W. CRAWFORD,

President of the Convention.

Attest.

A. R. LAMAR,
Secretary.

AN ORDINANCE to define and declare what shall be treason and misprision of
treason in the State of Georgia, and also certain fellies.

The people of Georgia in convention assembled do hereby declare
and ordain. That if any person or persons owing allegiance to the
State of Georgia shall levy war against said State or shall adhere to
her enemies, giving them aid and comfort within the said State or
elsewhere, or shall, in the name of the late United States of America
or any other foreign power, seize or attempt to seize and hold posses-
sion, against the declared will of said State, of any fort, arsenal, mint,
or other building within the territorial limits of said State, and shall
be thereof convicted on confession in open court, or on the testimony
of two witnesses to the same overt act of the treason whereof he or
they shall stand indicted, such person or persons shall be adjudged
guilty of treason against the State of Georgia and shall suffer death.

A person having knowledge of the commission of any of the treason-
able acts aforesaid, and conceals or fails to disclose the same as soon

as may be to the Governor of said State or some one of the judges
thereof, shall be guilty of misprision of treason, and on conviction
shall be punished by imprisonment and labor in the penitentiary not
less than five nor longer than ten years.

Any citizen of the State of Georgia, wherever resident, who shall,
without the permission of the said State, directly or indirectly, com-
mence or carry on any verbal or written correspondence or intercourse
with any foreign government, or any officer or agent thereof, with any
intent to influence the measures or conduct of such government
adversely to the existence or interests of said State in relation to any
disputes or controversies with said State or to defeat the measures of
the government of said State; or if any such person not duly author-
ized shall counsel, advise, aid, or assist in any such correspondence,
such citizen of Georgia shall be guilty of a felony, and on conviction
shall be punished by imprisonment in the penitentiary not less than
one nor more than three years and by a fine not exceeding $5,000.

Passed January 26, 1861.

GEO. W. CRAWFORD,

President.

Attest.

A. R. LAMAR,

Secretary.

AN ORDINANCE to dissolve the union between the State of Louisiana and
other States united with her under the compact entitled " The Constitution of
the United States of America."

We, the people of the State of Louisiana, in convention assembled,
do declare and ordain, and it is hereby declared and ordained. That
the ordinance passed by us in convention on the 22d day of Novem-
ber, in the year eighteen hundred and eleven, whereby the Constitu-
tion of the United States of America and the amendments of the said
Constitution were adopted, and all laws and ordinances by which the
State of Louisiana became a member of the Federal Union, be, and
the same are hereby, repealed and abrogated; and that the union now
subsisting between Louisiana and other States under the name of
"The United States of America" is hereby dissolved.

We do further declare and ordain. That the State of Louisiana
hereby resumes all rights and powers heretofore delegated to the Gov-
ernment of the United States of America; that her citizens are absolved
from all allegiance to said Government, and that she is in full posses-
sion and exercise of all those rights of sovereignty which appertain
to a free and independent State.

We do further declare and ordain, That all rights acquired and
vested under the Constitution of the United States, or any act of Con-
gress, or treaty, or under any law of this State, and not incompatible
with this ordinance, shall remain in force and have the same effect
as if this ordinance had not been passed.

Adopted in convention at Baton Rouge this 26th daj'^ of January,
1861.*

A. MOUTON,
President of the Convention.

Attest.

J. THOS. WHEAT,
Secretary of the Convention.

*See foot-note, Series I, Vol. LIII, p. 617.

CONFEDERATE AUTHORITIES. 81

A RESOLUTION passed by the convention of the twople of Mississippi January

26,1861.

Resolved, That our Senators and Representatives in the Congress of
the Southern Confederacy, when it shall be formed, be and they are
requested to use their influence to have a military academy similar
to that of the United States at West Point, and that the cadets from
the seceding States, now or recently at West Point, upon application,
be transferred to said academy; and that others be received from
time to time in accordance with the provisions of the act of Congress
establishing it.

Sec. 2. Be it further resolved, That the secretary of this convention
furnish Senators and Representatives with a copy of this resolation.

Attest.

F. A. POPE,
Secretary of the Convention.

[Janxtart 29, 1861.— For the Governor of Alabama to Lomax and
Todd, authorizing the acceptance of volunteers, at Pensacola, for
twelve months' service, see Series I, Vol. LII, Part II, p. 15.]

Tuesday, January 89, 1861*
*******

Mr. Nisbet, from the committee of seventeen to report the ordinance
of secession, after stating that it was written by Mr. Toombs, made
the following report, which was taken up, read, and adopted:

The people of Q«orgia having dissolved their jmlitical connection with the Gov-
ernment of the United States of America, present to their confederates and the
world the causes which have led to the separation. For the last ten years we
have had namerons and serious causes of complaint ag^aisBt our non-slave-holding
confederate States with reference to the subject of .^rican slavery. They have
endeavored to weaken our security, to disturb our domestic peace and tranquillity,
and persistently refused to comply with their express constitutional obligations
to us in reference to that property, and by the use of their power in the Federal
Government have striven to deprive us of an equal enjoyment of the common
Territories of the Republic. This hostile policy of our confederates has been
pursued with every circumstance of aggravation which could arouse the passions
and excite the hatred of our people, and has placed the two sections of the Union
for many yearspast in the condition of virtual civil war. Our people, still
attached to the Union from habit and national traditions, and averse to change,
hoped that time, reason, and argument would bring, if not jedress, at least
exemption from further insults, injuries, and dangers. Recent events have fully
dissipated all such hopes and demonstrated the necessity of separation. Our
Northern confederates, after a full and calm hearing of all the facts, after a fair
warning of our purpose not to submit to the rule of the authors of all these
wrongs and injuries, have by a large majority committed the Government of the
United States into their hands. The people of Georgia, after an equally fuU and
fair and deliberate hearing of the case, have declared with equal firmness that
they shall not rule over them. A brief histoiy of the rise, progn'ess, and policy of
anti-slavery and of the political organization into whose hands tbeaidmimstratioh
of the Federal Government has been committed will fully justify the pronounced
verdict of the people of Georgia. The party of Lincoln, called the Republican
party, under its present name and organization, is of recent origin. It is admitted
to be an anti-slavery party. While it attracts to itself by its creed the scat-
tered advocates of exploded political heresies, of condemned theories in political
economy, the advocates of commercial restrictions, of protection, of special

* From Journal of the Georgia Cionvention.
6 E K— SERIES IV, VOL I

82 COREESPONDENCE, ETC.

privileges, of waste and corruption in the administration of Government, anti-
slavery is its mission and its purpose. By anti-slavery it is made a power
in the state. The question of slavery was the great difficulty in the way of
the formation of the Constitution. While the subordination and the polincal
and social inequality of the African race was fully conceded by all, it was
plainly apparent that slavery would soon ^sappear from what are now
the non-slave-holding States of the original thirteen. The opposition to slavery
was then, as now, general in those States and the Constitution was made with
direct reference to that fact. But a distinct abolition party was not formed in
the United States for more than half a century after the Q-ovemment went into
operation. The main reason was that the North, even if united, could not control
both branches of the Legislature during any portion of that time. Therefore such
an organization must have resulted either in utter failure or in the total overthrow
of the Government. The material prosperity of the North was greatly dependent
on the Federal Government ; that of the South not at all. In the first years of the
Bepublic the navigating, commercial, and manufacturing interests of the North
began to seek profit and aggrandizement at the expense of the agricultural inter-
ests. Even the owners of fishing smacks sought and obtained bounties for
pursuing their own business (which yet continue) , and $500,000 is now paid them
annually out of the Treasury. The navigating interests begged for protection
against foreign shipbuilders and against competition in the coasting trade. Con-
gress granted boih requests, and by prohibitory acts gave an absolute monopoly
of this business to each of their interests, which they enjoy without diminution to
this day. Not content with these great and unjust advantages, they have sought
to throw the legitimate burdens of their business as much as possible upon the
public ; they have succeeded in throwing the cost of light-houses, buoys, and the
maintenance of their seamen upon the Treasury, and the Government now pays
above $2,000,000 annually for the support of these objects. These interests, in
connection vnth the commercial and manufacturing classes, have also succeeded,
by means of subventions to mail steamers and the reduction of postage, in
relieving their business from the payment of about $7,000,000 annually, throwing
it upon the public Treasury under the name of postal deficiency. The manu-
facturing interests entered into the same struggle early, and has clamored
steadily for Government bounties and special favors. This interest was confined
mainly to the Eastern and Middle non-slave-holding States. Wielding these
great States it held great power and influence, and its demands were in fall pro-
portion to its power. The manufacturers and miners wisely based their demands
upon special facts and reasons rather than upon general principles, and thereby
mollified much of the opposition of the opposing interest. They pleaded in their
favor the infancy of their business in this country, the scarcity of labor and capi-
tal, the hostile legislation of other countries toward them, the great necessity of
their fabrics in the time of war, and the necessity of high duties to pay the debt
incurred in our war for independence. These reasons prevailed!^ and they
received for many years enormous bounties by the general acquiescence of the
whole country. But when these reasons ceased they were no less clamorous for
Government protection, but their clamors were less heeded— the country had put
the principle of protection upon trial and condemned it. After having enjoyed
protection to the ertent of from 15 to 200 per cent, upon their entire business for
above thirty years, the act of 1846 was passed. It avoided sudden change, but
the principle was settled, and free trade, low duties, and economy in public
expenditures was the verdict of the American people. The South and the North-
western States sustained this policy. There was but smallTiope of its reversal ;
upon the direct issue, none at all. All these classes saw this and felt it and cast
about for new allies. The anti-slavery sentiment of the North offered the best
chance for success. An anti-slavery party must necessarily look to the North
alone for support, but a united North was now strong enough to control the
Government in all of its departments, and a sectional party was therefore deter-
mined upon. Time and issues upon slavery were necessary to its completion and
final triumph. The feeling of anti-slavery, which it was well known was very
general among the people of the North, had been long dormant or passive ; it
needed only a question to arouse it into aggressive activity. This question was
before us. We had acquired a large territory by successful war with Mexico ;
Congress had to govern it ; how, in relation to slavery, was the question then
demanding solution. This state of facts gave form and shape to the anti-slavery
sentiment throughout the North and the conflict began. Northern anti-slavery
men of aU parties asserted the right to exclude slavery from the territory by
Congressional legislation and demanded the prompt and efficient exercise of this
jwwer to that end. This insulting and unconstitutional demand was met with

CONFEDERATE AUTHORITIES. 83

great moderation and firmness by the South. We had shed onr blood and paid our
money for its -acquisition ; we demanded a division of it on the line of the Mis-
souri restriction or an eo[ual participation in the whole of it. These propositions
were refused, the agitation became general, and the public danger great. The
case of the South was impregnable. The price of the acquisition was the blood
and treasure of both sections — of all, and, therefore, it belonged to all upon the
principles of equity and justice. The Constitution delegated no power to Con-
gress to exclude either party from its free enjoyment ; therefore our right was
good under the Constitution. Our rights were further fortified by the prac-
tice of the Government from the beginning. Slavery was forbidden in the
country northwest of the Ohio River by what is called the ordinance of 1787.
TTiat ordinance was adopted under the old confederation and by the assent of Vir-
ginia, who owned and ceded the country, and therefore this case must stand on
its own special circumstances. The Government of the United States claimed
territory by virtue of the treaty of 1783 with Great Britain, acquired territory by
cession from Georgia and North Carolina, by treaty from France, and by treaty
from Spain. These acquisitions largely exceeded the original limits of the Repub-
lic. In all of these acquisitions the poUc^ of the Government was imiform. It
opened them to the settlement of aU the citizens of all the States of the Union.
They emigrated thither with their property of every kind (including slaves) . AU
were equally protected by public authority in their persons and property imtil
the inhabitants became sufficiently numerous and otherwise capable of bearing
the burdens and iwrforming the duties of self-government, when they were
admitted into the Union upon equal terms with the other States, with whatever
republican constitution they might adopt for themselves. Under this equsdly
just and beneficent policy law and order, stability and progress, peace and pros-
perity marked every step of the progress of these new communities until they
entered as great and prosperous commonwealths into the sisterhood of American
States. In 1820 the North endeavored to overturn this wise and successful policy
and demanded that the State of Missouri should not be admitted into the Union
unless she first prohibited slavery within her limits by her constitution. After a
bitter smd protracted struggle the North was defeated in her special object, but
her policy and position led to the adoption of a section in the law for the admis-
sion of Missouri, prohibiting slavery in all that portion of the territory acquired
from France lying north of 36° 30' north latitude and outside of Missouri. The
venerable Madison at the time of its adoption declared it unconstitutional. Mr.
Jefferson condemned the restriction and foresaw its consequences and predicted
that it would result in the dissolution of the Union. His prediction is now
history. The North demanded the application of the principle of prohibition of
slavery to all of the territory acquired from Mexico and all other parts of the
public domain then and in all future time. It was the announcement of her
purpose to appropriate to herself all the public domain then owned and there-
after to be acquired by the United States. The claim itself was less arrogant
and insulting than the reason with which she supported it. That reason was her
fixed purpose to limit, restrain, and finally to abolish slavery in the States where
it exists. The South with great unanimity declared her purpose to resist the
principle of prohibition to the last extremity. This particular question, in con-
nection with a series of questions affecting the same subject, was finally dis-
posed of by the defeat of prohibitory legislation. The Presidential election of
1852 resulted in the total overthrow of the advocates of restriction and their party
fiiendfi. Immediately after this result the anti-slavery portion»f the defeated
party resolved to unite all the elements in the North opposed to slavery and to
stake their future political fortunes upon their hostility to slavery everywhere.
This is the party to whom the people of the North have committed the Govern-
ment. They raised their standard m 1856 and were barely defeated. They entered
the Presidential contest again in 1860 and succeeded. The prohibition of slavery
in the Territories, hostility to it everywhere, the equality of the black and white
races, disregard of all constitutional guarantees in its favor, were boldly proclaimed
by its leaders and applauded by its followers. With these principles on their ban-
ners and these utterances on their lips the majority of the people of the North
demand that we shall receive them as our rulers. The prohibition of slavery in the
Territories is the cardinal principle of this organization. For forty years this
question has been considered and debated in the halls of Congress, before the
people, by the press, and before the tiibunals of justice. The majority of the
people of the North in 1860 decided it in their own favor. We refuse to submit to
that judgment, and in vindication of our refusal we offer the Constitution of our
country and point to the total absence of any express power to exclude us. We
offer the practice of our Government for the first thirty years of its existence in

84 CORRESPONDENCE, ETC.

complete refutation of the position that any such power is either necessary or
proper to the execution of any other power in relation to the Territories. We
offer the judgment of a large minority of the people of the North, amounting to
more than one-third, who united with the unanimous voice of the South against
this usurpation ; and, finally, we offer the judgment of the Supreme Court of
the United States, the highest judicial tribunal of our country, in our favor.
This evidence ought to be conclusive that we have never surrendered this right.
The conduct of our adversaries admonishes us that if we had suirendered it,
it is time to resume it. The faithless conduct of our adversaries is not con-
fined to such acts as might aggrandize themselves or their section of the Union.
They are content if they can only injure us. The Constitution declares that
persons charged with crimes in one State and fleeing to another shall be deliv-
ered up on the demand of the executive authority of the State from which
they may flee, to be tried in the jurisdiction where the crime was committed.
It would appear dif&cult to employ language freer from ambiguity, yet for
above twenty years the non-slave-holding States generally have wholly refused
to deliver up to us persons charged with crimes affecting slave property. Our
confederates, with punic faith, shield and give sanctuary to all criminals who
seek to deprive us of this property or who use it to destroy us. This clause
of the Constitution has no other sanction than their good faith ; that is withheld
from us ; we are remediless in the Union ; out of it we are remitted to the laws of
nations. A similar provision of the Constitution requires them to surrender fugi-
tives from labor. This provision and the one last referred to were our main
inducements for confederating with the Northern States. Without them it is
historically true that we would have rejected the Constitution. In the fourth
year of the Republic Congress passed a law to give full vigor and eflflciency to this
important provision. This act depended to a considerable degree upon the local
magistrates of the several States for its efficiency. The non-slave-holding States
generally rei)ealed all laws intended to aid the execution of that act, and imposed
penalties upon those citizens whose loyalty to the Constitution and their oaths
might induce them to discharge their duty. Congress then passed the act of 1850,
providing for the complete execution of this duty by Federal officers. This law,
which their own bad faith rendered absolutely indispensable for the protection of
constitutional rights, was instantly met vnth ferocious reviHngs and all conceiv-
able modes of hostility. The Supreme Court unanimously, and their own local
courts with equal unanimity (with the single and temporary exception of the
supreme court of Wisconsin) , sustained its constitutionality in all of its provisions.
Yet it stands to-day a dead letter for all practicable purposes in every non-slave-
holding State in the Union. We have their covenants, we have their oaths to
keep and observe it, but the unfortunate claimant, even accompanied by a Fed-
eral officer with the mandate of the highest judicial authority in his hands, is
everjrwhere met vrith fraud, with force, and with legislative enactments to elude,
to resist, and defeat him. Claimants are murdered with impunity; officers of the
law are beaten by frantic mobs instigated by inflammatory appeals from jiersons
holding the highest public employment in these States, and supported by legisla-
tion in conflict with the clearest provisions of the Constitution, and even the
ordinary principles of humanity. In several of our confederate States a citizen
cannot travel the highway with his servant who may voluntarily accompany him,
without being declared by law a felon and being subjected to infamous punish-
ments. It is diflBcult to i)erceive how we could suSer more by the hostility than by
the fraternity of such brethren. The public law of civilized nations requires
every State to restrain its citizens or subjects from committing acts injurious to
the peace and safety of any other State and from attempting to excite insurrection,
or to lessen the security, or to disturb the tranquillity of their neighbors, and our
Constitution wisely gives Congress the power to punish all offenses against the
laws of nations. These are sound and just principles which have received the
approbation of just men in all countries and all centuries ; but they are wholly
disregarded by the people of the Northern States, and the Federal Government is
impotent to maintain them. For twenty years past the abolitionists and their
allies in the Northern States have been engaged in constant efforts to subvert our
institutions and to excite insurrection and servile war among us. They have sent
emissaries amonp: us for the accomplishment of these purposes. Some of these
efforts have received the public sanction of a majority of the leading men of the
RepubUcan party in the national councils, the same men who are now proposed
as our rulers. These efforts have in one instance led to the actual invasion of one
of the slave-holding States, and those of the murderers and incendiaries who
escaped public justice by flight have found fraternal protection among our North-
em confederates. These are the men who say the Union shall be preserved. Such

CONFEDERATE AUTHORITIES. 85

are the opinions and such are the practices of the Bepublican party, who have
been called by their own votes to administer the Federal Government under the
Constitution of the United States. We know their treachery ; we know the shal-
low pretenses under which they daily disregard its plainest obligations. If we
submit to them it will be our fault and not theirs. The people or Georgia have
ever been willing to stand by this bargain, this contract ; they have never sought
to evade any of its obligations ; they have never hitherto sought to establish any
new government ; they nave struggled to maintain the ancient right of themselves
and the human race through and by that Constitution. But they know the value
of parchment rights in treacherous hands, and therefore they refuse to commit
their own to the rulers whom the North ofiEers us. Why? Because by their
declared principles and policy they have outlawed $3,000,000,000 of our property
in the common territories of the Union ; put it under the ban of the Republic in
the States where it exists and out of the protection of Federal law everywhere ;
because they give sanctuary to thieves and incendiaries who assail it to the whole
extent of their power, in spite of their most solemn obligations and covenants ;
because their avowed purpose is to subvert our society and subject us not only to
the loss of our property but the destruction of ourselves, our wives, and our chil-
dren, and the desolation of our homes, our altars, and our firesides. To avoid
these evils we resume the powers which our fathers delegated to the Government
of the United States, and henceforth will seek new safeguards for our liberty,
equality, security, and tranquillity.

Executive Department,
Tallahassee, February 2, 1861.
Gentlemen of the Senate and House op Representatives :

The people of the State having declared themselves a sovereign and
independent nation, the duty of providing by law proper measures
for the defense of that sovereignty and independence is, by the consti-
tution, cast upon the executive and legislative branches of the govern-
ment of the State, and it is particularly my duty to call your attention
to such matters as may seem to me to justify the belief that the State is
in danger from any foe, and to call on you to unite with me in defend-
ing her from injury. The occurrences of the last two months sufS-
ciently indicate that this State and any others of the slave-holding
States which have or yet may decide to separate from any political con-
nection with the non-slave-holding States of the late American Union
will not be permitted to accomplish such separation in a peaceable
manner, and that they must maintain the indei)endence which they
assert and claim to have the right to assume by a show of force, per-
haps by an actual resort to arms, however powerful may be the argu-
ment on which we rely to justify our separation. However much we
may be convinced of our right to adopt the course which as a people
we have determined to pursue to avert from us and our posterity the
calamities which we feared would befall us and them from the contin-
uance of a Government in a just share of the power of which we could
not reasonably expect to enjoy, although the wrong and injuries we had
experienced without any adequate redress from the Government of the
United States were such as rendered the advantages we derived from
it no adequate compensation for the evils to which it left us exposed,
and although we as a free, enlightened, and Christian people have,
after long suffering and expostulation with those who sought to injure
us under the forms of legislation and under the shield of the Union,
been driven to the exercise of the right to reassume to our State the
poweis delegated to the Federal Union of States which existed under
the Constitution of the United States, which right is plain and incon-
testable by any of the principles upon which the independence of the

86 CORKESPONDENCE, ETC.

American colonies was placed by the illustrious men who framed and
adopted the declaration of the reasons which governed the people of
the colonies in their action; yet it is manifest that the inhabitants
of the non-slave-holding States are hardening their hearts against all
signs and evidences which justify our exodus from among them, and
that, like Egyptians of old, they are not willing that we should
depart in peace from our state of bondage, but, in the spirit of the
oppressor, they seek to tighten their grasp upon a people who have
been to them an abundant source of profit and advantage, and are
preparing their host to follow after and to return us to a captivity the
latter end of which must be worse than the first. Whilst President
Buchanan has oflftcially declared that he has no power to employ the
military and naval forces under his control in any overt act of hostility
against any of the States which have dissolved their connection with
the late Federal Union, yet it is apparent that he supports officers of
the Army under his control in the hostile occupation of portions of
the territory of this State and our sister State of South Carolina, per-
mits his general and members of his Cabinet to set on foot military
expeditions against us, re-enforce forts, order men-of-war to hover on
our coast in hostile array, and has advised Congress to pass laws for
the purpose of collecting revenue from imposts into our State by
means of armed vessels. This conduct of President Buchanan, which
is totally at war with our claim of independence and sovereignty, is
not only recognized to be correct and supported by the representa-
tives of the non-slave-holding States sitting in Congress at Washing-
ton, and claiming to be the Congress of the United States, but they
have, by speech and votes, manifested a firm resolve to disregard the
act of the people, done in convention, dissolving the political ties
which united us with the people whom they represent, and declare
their purpose, so soon as they can attain further power by the inau-
guration of a President elected by themselves, without the voice and
in direct opposition to the will of our people, to use all the military
and naval power which they may be enabled to acquire the possession
and control of to subjugate our people and those of the States con-
curring with us, and to compel us to submit to that Government which
we resolved to throw off because its further continuance menaced the
destruction of our rights and liberties. We have unmistakable evi-
dence of every kind that is significant and reliable that the people of
the non-slave-holding States sustain the action and declared purposes
of those whom they chose by a large majority of their voices to repre-
sent them and rule us. We have seen Legislatures of the great
States of New York, Ohio, and Massachusetts passing resolutions
pledging men and money to aid in fastening upon us again the chains
with which they hope to attach us forever to a condition of bondage
and vassalage to an unfriendly people. No friendly voice was lifted
in the councils of these States to defend our action and to maintain
our right to throw off a Government which, in our opinion, no longer
conferred on us those blessings of peace and domestic tranquillity
which it was founded to secure. No one was heard to utter that truth
which our ancestors had inserted in their Declaration of Independ-
ence, "that all governments derive their just powers from the con-
sent of the governed." Of all the mighty thousands of Northern men
whom we were beseeched to trust to as a sufficient means to guard us
against the ruin which we foresaw in the impending ascendancy of
the Black Republican party, not even a respectable minority in the
Legislatures alluded to opposed their votes to such foul acts of

CONPEDEKATE AUTHORITIES. 87

unfriendly power. No lover of human liberty was heard to exclaim,
wherever people calling themselves Republicans were, through their
representatives, offering to furnish the means to compel millions
of their fellow-men— their equals and lately their fellow-citizens —
to submit to a Government under which they honestly believed
they could not enjoy their admitted and just rights. No Burke, no
Barre, no Fox, declared against acts of tyranny far more odious
and cruel than those which a North and a Bute perpetrated under
the authority of a Crown, and which found illustrious patriots
ready to denounce in the hearing of the , mighty monarch who
sat on the throne of Great Britain. We are not only assured
that force of arms is to be employed to compel us to pass under
the yoke of Black Republican rule by the evidences I have
alluded to, derived from legislative proceedings of the State Legisla-
tures and of representative men in Congress from non-slave-holding
States, but daily the press and the pulpit pour forth denunciations
against our people and earnestly count the days yet to lapse when
they fervently hope to see their representative man, Abraham Lin-
coln, enthroned at Washington in undisputed possession of all the
machinery of the Government, supported by the military chieftain,
who, like Napoleon at Paris, coolly and deliberately, without remorse
or hesitancy, plants the cannon that is to mow down, at his word of
command, his fellow-citizens, whom a love of liberty may urge to
make an effort to save the tomb of Washington from remaining in the
keeping of those who have forgotten his precepts, and have by the
organization of a sectional party destroyed the Government and
buried the spirit of the Constitution. We are forewarned of coming
attacks upon our political and civil liberties, and shall we not be
forearmed ? We have yet heard but the mutterings of the thunder,
but the storm is not afar off. It may pass by us, but let us be pre-
pared to meet it firmly and avert from our people the injury with
which it threatens them. Let us remember the voice of that illus-
trious Southerner whose mortal remains lie entombed on the banks of
the Potomac, who counseled us " In time of peace to prepare for war. "
Let us arm for the contest, and perchance by a show of our force and
our readiness for the combat we may escape the realities of war.
Already our brethren of the Southern States are arming. We, too, have
made some preparation, but much remains undone. We see that even
the slave-holding States of Missouri, Tennessee, Virginia, and North
Carolina, which have not yet cut loose the ties which connect them
politically with the non-slave-holding States, are arming for the con-
test. In Virginia the people are ahead of the Legislature, and have
in their county meetings empowered the county authorities to put the
militia on a war footing, and have raised funds for the purchase of
arms and ammunition. All these signs and tokens warn us to be ready
to defend our rights. With the notes of hostile preparation sounding
in our ears, with the example of our brethren (whose fate we must
share) to stimulate us, is it not our duty to prepare to sustain by our
arms what we have determined upon in our counsels?

We who were emulous of being foremost in dissolving the Union
should not be laggard in preparing for the contest. We have taken
the field. Our flag is unfurled at Pensacola, where our gallant troops
stand shoulder to shoulder with the brave volunteers from our
sister States, who, with a noble, generous chivalry, stand ready to
obey our orders and co-operate with us most cordially in our time of
ueed. Let us make provisions to keep them under arms and to call

88 CORRESPONDENCE, ETC.

out and support them by others should they be needed. The State
expects us to do our duty; the people will do theirs. I invite you,
therefore, to lend me your aid and to unite with me in providing for the
calling into service such a number of troops as may be equal to our
defense when assisted, as we shall be, by our sister States who are
preparing to unite their political fortunes with ours. I also suggest
to you that you should make special appropriations for the pay and
maintenance of as many troops as may be called into service, and for
the purchase of munitions of war, transportation of troops, and other
expenses incidental to the defenses of the State. The States of
Louisiana, Mississippi, Georgia, Alabama, and South Carolina, which
have dissolved their connection with the late Federal Union, have
elected delegates to meet with those sent from this State to the con-
vention to be held in Montgomery, Ala., on the 4th day of this month,
being the day suggested by a majority of the seceding States. We
may expect, therefore, that the convention will at an early day form a
provisional government for the States represented and call for troops
and money from the confederates. The quota of Florida will not be
large, but we should proceed to organize the force which we are likely
to be called on to furnish, and appropriate the means necessary for
the maintenance and pay of them and our quota of the expense of
the common defense.

I am not able to lay before you an estimate of the amount neces-
sary, but will readily confer with committees of your bodies, with a
view to ascertain what sum of money may be required therefor.
Very respectfully,

M. S. PERRY.

Executive Department,
Montgomery, Ala., Fehnuiry i, 1861.
Hon. A. B. Meek,

Speaker House of Representalives :
Sm: I herewith transmit to the House of Representatives certain
preamble and resolutions adopted by the General Assembly of Vir-
ginia January 19, 1861. These resolutions have been handed to me
by Judge John Robertson, who has been appointed a commissioner to
this State by the Legislature of Virginia. The special object of his
mission will be fully seen and understood by reference to the resolu-
tions. The following communication was addressed to me by Judge
Robertson:

MoNTOOMERy Hall, February 3, 1861.
His Excellency the Governor of Alabama:

Sm : Lookiag with deep concern at the menacing attitude in which the seceded
States and the Government at Washington stand toward each other, the State of
Virginia appeals to both parties to abstain from all acts of a hostile tendency
nntil a further effort shall be made to terminate existing differences by an honor-
able and peaceful adjustment. I avail myself of the earliest moment to transmit
to Your Excellency the resolutions of the General Assembly of Virginia adopted
with that view, and commissioning me to convey their friendly mediation to
yourself and the authorities of the seceding States. The day for the meeting of
the proposed commissioners at Washington you will perceive is at hand. This
must be my apology for asking as early a reply as may consist with your conven-
ience. It will afford me much pleasure to give, if desired, any further explana-
tion in my power touching the objects of my mission on the views and wishes of
the State I have the honor to represent.
Very respectfully,

JOHN EOBERTSON.

CONFEDERATE AUTHORITIES. 89

To this communication I returned the following answer:

Executive Department,
Montgomery, Ala., February S, 1861,
Hon. John Robertson,

Commissioner from the State of Virginia :
Sir: I have the honor to acknowledge the receipt of your letter of this date, with
the preamble and resolutions adopted by the General Assembly of Virginia Jan-
uary 19, 1861. As Chief Magistrate of the State of Alabama, I extend to you a
cordial welcome to the seat of government as commissioner from the Common-
wealth of Virginia. From your letter and the resolutions referred to, I under-
stand that ex-President John Tyler has been appointed a commissioner to the
President of the United States and yourself to "South Carolina and the other
States that have seceded or shall secede, with instructions resx)ectfully to request
the President of the United States and the authorities of such States to agree to
abstain, pending the proceedings contemplated by the action of the General
Assembly, from any and all acts calculated to produce a collision of arms between
the States and the Government of the United States." After tendering to the State
of Virginia, through you, my thanks for the friendly mediation contemplated by
the resolutions of her General Assembly, it gives me pleasure to state that Ala-
bama in her act of secession and in occupying the forts and arsenals within her
limits intended no hostility to the Federal Government. Her sole object has
been to protect her rights, interest, and honor without disturbing (if possible) her
peaceful relations with the Government of the United States. This I feel assured
will continue to be the policy of the State unless the Federal authorities should
by some hostile act or demonstration make it necessary to adopt a different course
for her protection and the protection of the other States that have seceded or
may secede. Whilst I feel authorized to assure you [that Alabama will] do noth-
ing intended to produce a collision of arms between the Federal Government and
herself, I am equally certain that it is her firm determination to resist at all and
any hazard any attempt at coercion. Having no power to appoint delegates to
the proposed convention at Washington, the resolutions of the General Assembly
of Virginia will be immediately transmitted to the Legislature of this State,
where, I have no doubt, they wUl receive that respectful consideration the high
afad friendly source from which they come entitles them to. Candor, however,
compels me to say that I do not feel authorized to indulge the least hope that con-
cessions will be made affording such guaranties as the seceding States can or will
accept. Being satisfied that the State from which emanated the resolutions of
"98 and '99 is as determined to maintain her constitutional rights as the seceded
States, I do not entertain a doubt that she will be found co-operating with them
when she is convinced that those rights caimot be secured in the Federal Union.
For the courteous and dignified maimer in which you have made known the
object of your mission, you will please accept my thanks.

With the highest consideration, I am, your obedient servant,

A. B. MOORE.

The foregoing letter contains my understanding of the intention
and policy of the State of Alabama in regard to her position toward
the Federal Government. I deem it proper to lay before the Legis-
lature the communication of Judge Robertson to me an^ my answer
thereto, that my views may be fully understood. "I have referred the
question of the appointment of commissioners to Washington to the
Legislature, having no power to make such appointments myself. I
would suggest, however, that as this State, with five others, has with-
drawn from the Federal Union and has appointed delegates to a
Southern congress, which is now assembled in this city for the pur-
pose of establishing a new government, I cannot see with what pro-
priety the State could send commissioners to Washington to recon-
struct the old Government. Judge Robertson is now in this city.
His high character and his friendly mission from the great State of
Virginia entitle him to the highest consideration of the authorities of
Alabama.

Very respectfully,

A. B. MOORE.

90 COEEESPONDENCE, ETC.

[IncloBnre.]

JOINT RESOLUTIONS inviting the other States to send comnussioners to meet
commissioners on the part of Virginia, and providing for the appointment of
the same. Adopted January 19, 1861.

Whereas, it is the deliberate opinion of the General Assembly of
Virginia that unless the unhappy controversy which now divides the
States of this confederacy shall be satisfactorily adjusted a perma-
nent dissolution of the Union is inevitable, and the General Assem-
bly, representing the wishes of the people of the Commonwealth, is
desirous of employing every reasonable means to avert so dire a
calamity, and determined to make a final effort to restore the Union
and the Constitution in the spirit in which they were established by
the fathers of the Republic : Therefore,

1. Resolved, That on behalf of the Commonwealth of Virginia an
invitation is hereby extended to all such States, whether slave-holding
or non-slave-holding, as are willing to unite with Virginia in an
earnest effort to adjust the present unhappy controversies in the
spirit in which the Constitution was originally formed and consist-
ently with its principles, so as to afford to the people of the slave-
holding States adequate guarantees for the security of their rights,
to appoint commissioners to meet on the 4th day of February next, in
the city of Washington, similar commissioners appointed by Virginia,
to consider and, if practicable, agree upon some suitable adjustment.

2. Resolved, That Ex-President John Tyler, William C. Rives,
Jud^e John W. Brockenbrough, George W. Summers, and James A.
Seddon are hereby appointed commissioners, whose duty it shall be
to repair to the city of Washington on the day designated in the fore-
going resolution, to meet such commissioners as may be appointed by
any of the said States, in accordance with the foregoing resolution.

3. Resolved, That if said commissioners, after full and free con-
ference, shall agree upon any plan of adjustment requiring amend-
ments of the Federal Constitution for the further security of the
rights of the people of the slave-holding States, they be requested to
communieat* the proposed amendments to Congress, for the purpose
of having the same submitted by that body, according to the forms of
the Constitution, to the several States for ratification.

4. Resolved, That if said commissioners cannot agree on such
adjustment, or if agreeing, Congress shall refuse to submit for ratifi-
cation such amendments as may be proposed, then the commissioners
of this State shall immediately communicate the result to the Execu-
tive of this Commonwealth, to be by him laid before the convention
of the people of Virginia and the General Assembly : Provided, That
the said commissioners be subject at all times to the control of the
General Assembly, or if in session, to that of the State convention.

5. Resolved, That in the opinion of the General Assembly of Vir-
ginia the propositions embraced in the resolutions presented to the
Senate of the United States by the Hon. John J. Crittenden, so modi-
fied as that the first article proposed as an amendment to the Consti-
tution of the United States shall apply to all the territory of the
United States now held or hereafter acquired south of latitude 36
degrees and 30 minutes, and provide that slavery of the African race
.shall be eflfectuaUy protected as property therein during the continu-
ance of the territorial government, and the fourth article shall
secure to the owners of slaves the right of transit with their slaves
between and through the non-slave-holding States and Territories,

CONFEDERATE AUTHORITIES. 91

constitute the basis of such an adjustment of the unhappy contro-
versy which now divides the States of this confederacy as would be
accepted by the people of this Commonwealth.

6. Resolved, That Ex-President John Tyler is hereby appointed by
the concurrent vote of each branch of the General Assembly a com-
missioner to the President of the United States, and Judge John
Robertson is hereby appointed, by a like vote, a commissioner to the
State of South Carolina and the other States that have seceded, or
shall secede, with instructions respectfully to request the President
of the United States and the authorities of such States to agree to
abstain, pending the proceedings contemplated by the action of this
General Assembly, from any and all acts calculated to produce a
collision of arms between the States and the Government of the
United States.

7. Resolved, That copies of the foregoing resolutions be forthwith
telegraphed to the Executives of the several States, and also to the
President of the United States, and that the Governor be requested to
inform, without delay, the commissioners of their appointment by the
foregoing resolutions.

[February 5, 1861. — For Governor of Alabama to Burtwell and
others, authorizing the enlistment of recruits for State service, see
Series I, Vol. LII, Part II, p. 16.]

Montgomery, Ala., February 6, 1861*
Hon. Howell Cobb,

President of the Southern Congress:
The undersigned have the honor to submit to the consideration of
the Southern Congress the accompanying resolutions adopted by the
General As.sembly of the State of North Carolina on the 29th ultimo.
We are, with high consideration, your obedient servants,

D. L. SWAIN.
M. W. RANSOM.
JOHN L. BRIDGES.

The following were then reported to the Congress as the resolutions
accompanying the foregoing communication :

1. Resolved, That for the purpose of effecting an honorable, and amicable
adjustment of all the difficulties that distract the conntryj upon the basis of the
Crittenden Resolutions as modified by the Legislature of Virginia, and for the
purpose of consulting for our common peace, honor, and safety, the Hon. Thomas
Ruffin, of Alamance, D. M. Barringer, David L. Reid, JohnM. Morehead, and
George Davis be, and they are hereby, appointed commissioners to represent North
Carolina in the proposed consultation to be held at Washington City on the 4th of
February, 1861.

And whereas the State of North Carolina has been invited by the State of
Alabama to meet at the city of Montgomery on the 4th of February, 1861, for the
purpose of forming a provisional as well as permanent government ; and whereas
North Carolina as a part of the Federal Union has no right to send delegates for
such a purpose : Therefore,

3. Be it resolved. That for the purpose of effecting an honorable and amicable
adjustment of all the difficulties that distract the country, upon the basis of the
Crittenden Resolutions, as modified by the Legislature of Virginia, and for the
purpose of consulting for our common peace, honor, and safety, the Hon. David

*From Journal of the Provisional Congress.

92 CORRESPONDENCE, ETC.

L. Swain, M. W. Bansom, and John L. Bridges are appointed commissioners to
visit Montgomery, Ala. , for the purpose above indicated.

3. Besolved further, That His Excellency the Governor be requested immediately
to inform the commissioners of their appointment, and upon the refusal of any
one of them to serve, report the same immediately to the General Assembly.

Indorsed, read three times, and ratified in General Assembly this 29th day of
January, A. D. 1861.

WM. T. DORTCH,
Speaker House of Commons.
HENRY T. CLARK,

Speaker of Senate.

* * * « « « S|I

On motion of Mr. Toombs, a committee of three was appointed to
invite the commissioners from the State of North Carolina to seats
on the floor wlien Congress is in open session.

« « Ht « * * *

THE CONFEDERATE STATES OF AMERICA.

At a congress of the sovereign and independent States of South
Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana,
begun and holden at the capitol in Montgomery, in the State of Ala-
bama, on the fourth day of February, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued, by
divers adjournments, until the eighth day of February in the same
year:

Constitution for the Provisional Government of the Confederate States

of America.

We, the deputies of the sovereign and independent States of South
Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana,
invoking the favor of Almighty God, do hereby, in behalf of these
States, ordain and establish this Constitution for the Provisional
Government of the same: to continue one year from the inauguration
of the President, or until a permanent constitution or confederation
between the said States shall be put in operation, whichsoever shall
first occur.

Article I.

Section 1. All legislative powers herein delegated shall be vested
in this Congress now assembled until otherwise ordained.

Sec. 2. When vacancies happen in the -representation from any
State, the same shall be filled in such manner as the proper authori-
ties of the State shall direct.

Sec. 3. 1. The Congress shall be the judge of the elections, returns
and qualifications of its members; any number of deputies from a
majorifcj' of the States, being present, shall constitute a quorum to do
business; but a smaller number may adjourn from day to day, and
may be authorized to compel the attendance of absent members;
upon all questions before the Congress, each State shall be entitled
to one vote, and shall be represented by any one or more of its depu-
ties who may be present. ^

2. The Congress may determine the rules of its proceedings, pun-
ish its members for disorderly behavior, and, with the concurrence of
two-thirds, expel a member.

3. The Congress shall keep a journal of its proceedings, and from
time to time publish the same, excepting such parts as may in their

CONFEDERATE AUTHORITIES. 93

judgment require secrecy; and the yeas and nays of the members on
any question shall, at the desire of one-fifth of those present, or at
the instance of any one State, be entered on the journal.

Sec. 4. The members of Congress shall receive a compensation for
their services, to be ascertained by law, and paid out of the Treasury
of the Confederacy. They shall in all cases, except treason, felony
and breach of the peace, be privileged from arrest during their
attendance at the session of the Congress, and in going to and return-
ing from the same; and for any speech or debate they shall not be
questioned in any other place.

Sec. 5. 1. Every bill which shall have passed the Congress shall,
before it become a law, be presented to the President of the Con-
federacy; if he approve, he shall sign it; but if not, he shall return
it with his objections to the Congress, who shall enter the objections
at large on their journal, and proceed to reconsider it. If, after such
reconsideration, two-thirds of the Congress shall agree to pass the
bill, it shall become a law. But in all such cases, the vote shall be
determined by yeas and nays ; and the names of the persons voting
for and against the bill shall be entered on the journal. If any bill
shall not be returned by the President within ten days (Sundays
excepted) after it shall have been presented to him, the same shall be
a law, in like manner as if he had signed it, unless the Congress, by
theii" adjournment, prevent its return; in which case it shall not be a
law. The President may veto any appropriation or appropriations
and approve any other appropriation or appropriations in the same
bill.

2. Every order, resolution or vote, intended to have the force and
effect of a law, shall be presented to the President, and before the
same shall take effect, shall be approved by him, or being disapproved
by him, shall be repassed by two-thirds of the Congress, according to
the rules and limitations prescribed in the case of a bill.

3. Until the inauguration of the President, aU bills, orders, reso-
lutions and votes adopted by the Congress shall be of full force with-
out approval by him.

Sec. 6. 1. The Congress shall have power to lay and collect taxes,
duties, imposts and excises, for the revenue necessary to pay the
debts and carry on the Government of the Confederacy; and all
duties, imposts and excises shall be uniform throughout the States of
the Confederacy.

2. To borrow money on the credit of the Confederacy ;

3. To regulate commerce with foreign nations, and among the
several States, and with the Indian tribes :

4. To establish a uniform rule of naturalization, and uniform laws
on the subject of bankruptcies throughout the Confederacy:

5. To coin money, regulate the value thereof and of foreign coin,
and fix the standard of weights and measures :

6. To provide for the punishment of counterfeiting the securities
and current coin of the Confederacy:

7. To establish post-offices and post-roads:

8. To promote the progress of science and useful arts, by securing,
for limited times to authors and inventors, the exclusive right to their
respective writings and discoveries:

9. To constitute tribunals inferior to the Supreme Court:

10. To define and punish piracies and felonies committed on the
high seas, and offenses against the law of nations:

11. To declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and water:

94 CORRESPONDENCE, ETC,

12. To raise and support armies; but no appropriation of money
to that use shall be for a longer term than two years :

13. To provide and maintain a navy:

14. To make rules for the government and regulation of the land
and naval forces:

15. To provide for calling forth the militia to execute the laws of
the Confederacy, suppress insurrections, and repel invasions :

16. To provide for organizing, arming, and disciplining the militia,
and for governing such part of them as may be employed in the serv-
ice of the Confederacy, reserving to the States respectively the
appointment of the officers, and the authority of training the militia
according to the discipline prescribed by Congress :

17. To make all laws that shall be necessary and proper for carry-
ing into execution the foregoing powers and all other powers
expressly delegated by this Constitution to this Provisional Govern-
ment.

18. The Congress shall have power to admit other States.

19. This Congress shall also exercise executive powers, until the
President is inaugurated.

Sec. 7. 1. The importation of African negroes from any foreign
country other than the slave-holding States of the United States, is
hereby forbidden; and Congress are required to pass such laws as
shall effectually prevent the same.

2. The Congress shall also have power to prohibit the introduction
of slaves from any State not a member of this Confederacy.

3. The privilege of the writ of habeas corpus shall not be sus-
pended unless, when in cases of rebellion or invasion, the public
safety may require it.

4. No bill of attainder, or ex post facto law shall be passed.

5. No preference shall be given, by any regulation of commerce or
revenue, to the ports of one State over those of another : nor shall
vessels bound to or from one State be obliged to enter, clear, or pay
duties in another.

6. No money shall be drawn from the Treasury, but in conse-
quence of appropriations made by law; and a regular statement and
account of the receipts and expenditures of all public money shall be
published from time to time.

7. Congress shall appropriate no money from the Treasury, unless
it be asked and estimated for by the President or some one of the
heads of departments, except for the purpose of paying its own
expenses and contingencies.

8. No title of nobility shall be granted by the -Confederacy; and
no person holding any ofllce of profit or trust under it, shall, without
the consent of the Congress, accept of any present, emolument, office,
or title of any kind whatever, from any king, prince, or foreign state.

9' Congress shall make no law respecting an establishment of reli-
gion, or prohibiting the free exercises thereof: or abridging the free-
dom of speech, or of the press ; or the right of the people peaceably
to assemble, and to petition the Government for a redress of such
grievances as the delegated powers of this Government may warrant
it to consider and redress.

10. A well-regulated militia being necessary to the security of a
free state, the right of the people to keep and bear arms shall not be
infringed.

11. No soldier shall, in time of peace, be quartered in any house
without the consent of the owner; nor in time of war, but in a manner
to be prescribed by law.

CONFEDERATE AUTHORITIES. 95

12. The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall
not be violated; and no warrants shall issue but upon probable cause,
supported by oath or affirmation, and particularly describing the place
to be searched, and the i)ersons or things to be seized.

13. No person shall be held to answer for a capital or otherwise
infamous crime, unless on a presentment or indictment of a grand jury,
except in cases arising in the land or naval forces, or in the militia,
when in actual service in time of war or public danger; nor shall any
person be subject for the same offense to be twice put in jeopardy of
life or limb; nor shall be compelled in any criminal case, to be a wit-
ness against himself; nor be deprived of life, liberty, or property,
without due process of law ; nor shall private property be taken for
public use, without just compensation.

14. In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed, which district
shall have been previously ascertained by law, and to be informed of
the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining wit-
nesses in his favor; and to have the assistance of counsel for his
defense.

15. In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preserved;
and no fact tried by a jury shall be otherwise re-examined in any
court of the Confederacy, than according to the rules of the common
law.

16. Excessive bail shall not be required, nor excessive fines im-
posed, nor cruel and unusual punishments inflicted.

17. The enumeration, in the Constitution, of certain rights shall not
be construed to deny or disparage others retained by the people.

18. The powers not delegated to the Confederacy by the Constitu-
tion, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.

19. The judicial power of the Confederacy shall not be construed
to extend to any suit in law or equity, commenced or prosecuted
against one of the States of the Confederacy, by citizens of another
State, or by citizens or sxxbjects of any foreign state.

Sec. 8. 1. No State shall enter into any treaty, alliance, or con-
federation; grant letters of marque and reprisal; coin money; emit
bills of credit; make anything but gold and silver coin a tender in
payment of debts ; pass any bill of attainder, ex post fp.cto law, or
law impairing the obligation of contracts; or grant any title of
nobility.

2. No State shall, without the consent of the Congress, lay any
imposts or duties on imports or exports, except what may be abso-
lutely necessary for executing its inspection laws; and the net prod-
uce of all duties and imposts, laid by any State on imports or exports,
shall be for the use of the Treasury of the Confederacy, and all such
laws shall be subject to the revision and control of the Congress. No
State shall, without the consent of Congress, lay any duty of ton-
nage, enter into any agreement or compact with another State, or with
a foreign power, or engage in war, unless actually invaded, or in such
imminent danger as will not admit of delay.

96 CORRESPONDENCE, ETC.

Article II.

Section 1. 1. The executive power shall be vested in a President
of the Confederate States of America. He, together with the Vice-
President, shall hold his office for one year, or until this Provisional
Government shall be superseded by a permanent government, which-
soever shall first occur.

2. The President and Vice-President shall be elected by ballot by
the States represented in this Congress, each State casting one vote,
and a majority of the whole being requisite to elect.

3. No person, except a natural-born citizen, or a citizen of one of
the States of this Confederacy at the time of the adoption of this Con-
stitution, shall be eligible to the oifice of President ; neither shall any
person be eligible to that office who shall not have attained the age of
thirty-five years, and been fourteen years a resident of one of the States
of this Confederacy.

4. In case of the removal of the President from office, or of his
death, resignation, or inability to discharge the powers and duties of
the said office (which inability shall be determined by a vote of two-
thirds of the Congress), the same shall devolve on the Vice-President;
and the Congress may by law provide for the case of removal, death,
resignation, or inability, both of the President and Vice-President,
declaring what officer shall then act as President; and such officer
shall act accordingly, until the disability be removed or a President
shall be elected.

5. The President shall at stated times receive for his services, dur-
ing the period of the Provisional Government, a compensation at the
rate of $25,000 per annum; and he shall not receive during that period
any other emolument from this Confederacy, or any of the States
thereof.

6. Before he enter on the execution of his office, he shall take the
following oath or affirmation :

I do solemnly swear (or affirm) that I will faithfully execute the
office of President of the Confederate States of America, and will, to
the best of my ability, preserve, protect, and defend the Constitution
thereof.

Sec 2. 1. The President shall be Commander-in-Chief of the Army
and Navy of the Confederacy, and of the militia of the several States,
when called into the actual service of the Confederacy; he may require
the opinion, in writing, of the principal officer in each of the Execu-
tive Departments, upon any subject relating to the duties of their
respective offices ; and he shall have power to grant reprieves and
pardons for offenses against the Confederacy, except in cases of
impeachment.

2. He shall have power, by and with the advice and consent of the
Congress, to make treaties; provided two-thirds of the Congress eon-
cur: and he shall nominate, and by and with the advice and consent
of the Congress, shall appoint ambassadors, other public ministers and
consuls, judges of the courts, and all other officers of the Confederacy
whose appointments are not herein otherwise provided for, and which
shall be established by law. But the Congress may, by law, vest the
appointment of such inferior officers as they think proper in the
President alone, in the courts of law, or in the heads of departments.

3. The President shall have power to fill up all vacancies that may
happen during the recess of the Congress, by granting commissions,
which shall expire at the end of their next session.

CONFEDERATE AUTHORITIES. 97

Sec. 3. 1. He shall, from time to time, give to tlie Congress infor-
mation of the state of the Confederacy, and recommend to their con-
sideration such measures as he shall judge necessary and expedient;
he may, on extraordinary occasions, convene the Congress at such
times as he shall think proper; he shall receive ambassadors and other
public ministers; he shall take care that the laws be faithfully exe-
cuted; and shall commission all the officers of the Confederacy.

2. The President, Vice-President, and all civil officers of the Con-
federacy shaU be removed from office on conviction by the Congress
of treason, bribery, or other high crimes and misdemeanors: a vote of
two-thirds shall be necessary for such conviction.

Article III.

Section 1. l. The judicial power of the Confederacy shall be vested
in one Supreme Court, and in such inferior courts as are herein
directed, or as the Congress may from time to time ordain and
establish.

2. Each State shall constitute a district, a in which there shall be
a court called a district court, which, until otherwise provided by the
Congress, shall have the jurisdiction vested by the laws of the United
States, as far as applicable, in both the district and circuit coTirts of
the United States, for that State; the judge whereof shall be appointed
by the President, by and with the advice and consent of the Congress,
and shall, until otherwise provided by the Congress, exercise the
power and authority vested by the laws of the United States in the
judges of the district and circuit courts of the United States, for that
State, and shall appoint the times and places at which the courts shall
be held. Appeals may be taken directly from the district courts to
the Supreme Court, under similar regulations to those which are pro-
vided in eases of appeal to the Supreme Colirt of the United States,
or under such regiiJations as may be provided by the Congress. The
commissions of all the judges shall expire with this Provisional Gov-
ernment.

3. The Supreme Court shall be constituted of all the district judges,
a majority of whom shall be a quorum, and shall sit at such times and
places as the Congress shall appoint.

4. The Congress shall have power to make laws for the transfer of
any causes which were pending in the courts of the United States, to
the courts of the Confederacy, and for the execution of the orders,
decrees and judgments heretofore rendered by the said courts of the
United States ; and also all laws which may be requisite to protect the
parties to all such suits, orders, judgments, or decrees; their heirs,
personal representatives, or assignees.

Sec. 2. 1. The judicial power shall extend to all cases of law and
equity, arising under this Constitution, the laws of the United States,
and of this Confederacy, and treaties made, or which shall be made,
under its authority; to all cases affecting ambassadors, other public
ministers and consuls; to all cases of admiralty and maritime juris-
diction; to controversies to which the Confederacy shall be a party;
controversies between two or more States ; between citizens of different
Stated; between citizens of the same States claiming lands under
grants of different States.

a This paragraph amended. See post, p. 9 [342] .
7 R R — SERIES IV, VOL I

98 CORRESPONDENCE, ETC.

2. In all cases affecting ambassadors, other public ministers and
consuls, and those in which a State shaU be a party, the Supreme
Court shaU have original jurisdiction. In all the other cases before
mentioned, the Supreme Court shall have appellate jurisdiction, both
as to law and fact, with such exceptions and under such regulations
as the Congress shall make.

3. The trial of all crimes except in cases of impeachment, shall be
by jury, and such trial shall be held in the State where the said crimes
shall have been committed ; but when not committed \rithin any State,
the trial shall be at such place or places as the Congress may by law
have directed.

Sec. 3. 1. Treason against this Confederacy shall consist only in
levying war against it, or in adhering to its enemies, giving them aid
and comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or on confession in
open court.

2. The Congress shall have power to declare the punishment of
treason ; but no attainder of treason shall work corruption of blood, ,
or forfeiture, except during the life of t]^e person attainted.

Article IV.

Section 1. 1. Full faith and credit shall be given in each State to
the public acts, records, and judicial proceedings of every other
State. And the Congress may, by general laws, prescribe the manner
in which such acts, records, and proceedings shall be proved and the
effect of such proof.

Sec. 2. 1. The citizens of each State shall be entitled to aU priv-
ileges and immunities of citizens in the several States.

2. A person charged in any State with treason, felony, or other
crime, who shall flee from justice, and be found in another State,
shall, on demand of the executive authority of the State from which he
fled, be delivered up, to be removed to the State having jurisdiction
of the crime.

3. A slave in one State, escaping to another, shaU be delivered up
on claim of the party to whom said slave may belong by the execu-
tive authority of the State in which such slave shall be found, and in
case of any abduction or forcible rescue, full compensation, including
the value of the slave and all costs and expenses, shall be made to
the party, by the State in which such abduction or rescue shall take
place.

Sec. 3. 1. The Confederacy shall guarantee to ^very State in this
Union, a republican form of government, and shall protect each of
them against invasion ; and, on application of the Legislature, or of
the Executive (when the Legislature cannot be convened), against
domestic violence.

Akticle V.

1. The Congress, by a vote of two-thirds, may, at any time, alter
or amend this Constitution.

Article VI.

1. This Constitution, and the laws of the Confederacy which shall
be made in pursuance thereof, and all treaties made, or which shall be
made, under the authority of the Confederacy, shall be the supreme

CONFEDERATE ADTH0EITIE8. 99

law of the land; and the judges in every State shall be bound thereby,
anything in the constitution or laws of any State to the contrary
notwithstanding.

2. The Government hereby instituted shall take immediate steps
for the settlement of all matters between the States forming it, and
their other late confederates of the United States in relation to the
public property and public debt at the time of their withdrawal from
them; these States hereby declaring it to be their wish and earnest
desire to adjust everything pertaining to the common property, com-
mon liability and common obligations of that union, upon the prin-
ciples of right, justice, equity, and good faith.

3. Until otherwise provided by the Congress, the city of Mont-
gomery in the State of Alabama, shall be the seat of government.

4. The members of the Congress and all executive and judicial
ofl&cers of the Confederacy shall be bound by oath or afl&rmation to
support this Constitution; but no religious test shall be required as a
qualification to any ofi&ce or public trust under this Confederacy.

Done in the Congress, by the unanimous consent of all the said
States, the eighth day of February, in the year of our Lord one thou-
sand eight hundred and sixty-one, and of the Confederate States of
America the first.
In witness whereof we have hereunto subscribed our names.

HOWELL COBB,
President of the Congress.

South Carolina: R. Barnwell Rhett, R. W. Barnwell, James
Chesnut, jr., C. G. Memminger, Wm. Porcher Miles,
Lawrence M. Keitt, William W. Boyce, Tho. J.
Withers.

Georgia: R. Toombs, Francis S. Bartow, Martin J. Craw-
ford, E. A. Nisbet, E3njamin H. Hill, Augustus R.
Wright, Thos. R. R. Cobb, A. H. Kenan, Alexander
H. Stephens.

Florida: Jackson Morton, Jas. B. Owens, J. Patton Ander-
son.

Alabama: Richard W. Walker, Robt. H. Smith, Colin J.
McRae, Jno. Gill Shorter, William Parish Chilton,
Stephen F. Hale, David P. Lewis, Tho. Fearn, J. L. M.
Curry.

Mississippi: W. P. Harris, Alex. M. Clayton, W. S. Wilson,
James T. Harrison, Walker Brooke, William S. Barry,
J. A. P. Campbell.

Louisiana: John Perkins, jr., Alex. deClouet, C. M. Con-
rad, Duncan F. Kenner, Edward Sparrow, Henry
Marshall.

By a vote of the Congress, on the 2d day of March, in the year 1861,
the deputies from the State of Texas were authorized to sign the Pro-
visional Constitution above written.

Attest.

J. J. HOOPER,

Secretary.

Texas: Thomas N. Waul, Williamson S. Oldham, John
Gregg, John H. Reagan, W. B. Ochiltree, John Hemp-
hill, Louis T. Wigfall.

100 COEEESPONDENCE, ETC.

A RESOLUTION accepting the appropriation of $500,000, made by the General
Assembly of the State of Alabama.

1. Resolved by the Confederate States of America in Congress
assembled, That this Congress accept the liberal offer of the General
Assembly of the State of Alabama, to place at the disposal of this
body the sum of $500,000, as a loan to the Government of the Confed-
eracy now being formed.

2. Resolved by the authority aforesaid, That this Congress place
the highest appreciation upon this generous, patriotic, and consider-
ate action of the State of Alabama, and realize in it the zealous devo-
tion of the people of that State to the cause of "Southern independ-
ence."

Adopted February 8, 1861.

A RESOLUTION in regard to the State of North Carolina, and the commission-
ers from said State to this Congress.

Whereas, the people of North Carolina and those of the States rep-
resented in this Congress have a common history, a common sympathy,
a common honor, and a common danger; and whereas, it is the opinion
and earnest desire of this Congress that the State of North Carolina
should be united in government with these States :

Be it therefore resolved, That this Congress received with pleasure
the commissioners from the State of North Carolina, and hope to
pursue such a course of action as shall commend itself to and induce
the State of North Carolina speedily to unite in our councils and in
such government as shall be formed by these States.

Adopted February 8, 1861.

Saturday, February 9, 1861*

OPEN SESSION.

Congress met pursuant to adjournment.

An appropriate prayer was offered up by the Rev. Dr. Basil Manly.

The chair announced that the first business in order was the
administration of the oath to the deputies to support the Constitu-
tion of the Provisional Government.

Whereupon, Judge Richard W. Walker, of the supreme court of
the State of Alabama, administered the oath to thepresident, and the
president administered the oath to the members of^ongress.

The oath thus taken was as follows :

You do solemnly swear that you will support the Constitution for the Provis-
ional Government of the Confederate States of America, so help you God.

At the suggestion of Mr. Memminger, while the oath was being
administered all the members stood upon their feet.

« * 4: Hf H. ie tf

The Congress then proceeded to the election of a President and a
Vice-President for the Provisional Government.

Mr. Curry moved that two tellers be appointed to conduct said elec-
tion ; which was agreed to.

Whereupon the president appointed Mr. Curry and Mr. Miles as
tellers.

*From Journal of the Provisional Congress.

CONFEDERATE AUTHORITIES. 101

The vote being taken by States for President, the Hon. Jefferson
Davis, of Mississippi, received all the votes cast, being 6, and was duly
declared unanimously elected President of the Provisional Govern-
ment.

On motion of Mr. Toombs, a committee of three was appointed to
inform Mr. Davis of his election.

Whereupon the president appointed Mr. Toombs, Mr. Rhett, and
Mr. Morton.

The vote was then taken by States for Vice-President, and the Hon.
Alexander Hamilton Stephens, of Georgia, received all the votes cast,
being 6, and he was duly declared unanimously elected Vice-President
of the Provisional Government.

Mr. Perkins moved that a committee of three be appointed to
inform Mr. Stephens of his election; which was agreed to.

And the president appointed Mr. Perkins, Mr. Harris, and Mr.
Shorter.

Congress then'adjourned till Monday next at 11 o'clock.

AN ACT to contmne in force certain laws of the United States of America.

Be it enacted by the Confederate States of America in Congress
assembled, That all the laws of the United States of America in force
and in use in the Confederate States of America on the 1st day of
November last, and not inconsistent with the Constitution of the
Confederate States, be, and the same are hereby, continued in force
until altered or repealed by the Congress.

Adopted February 9, 1861.

MONTGOMEET, Ala., February 9, 1861.
Hon. Jefferson Davis,

Jackson :
Sir: We are directed to inform you that you were this day unani-
mously elected President of the Provisional Government of the
Confederate States of America, and to request you to come to Mont-
gomery immediately. We send also a special messenger. Do not

wait for him.

R. TOOMBS.

R. BARNWEM. RHETT.

JACKSON MORTON.

Montgomery, Ala., February 9, 1861.
Hon. Alexander H. Stephens:

Sir: The Congress for the Provisional Government for the Con-
federate States of America have this day unanimously elected you to
the ofllce of Vice-President of the Confederate States, and we have
been appointed to communicate the fact, and to respectfully invite
your acceptance. In perfoi-ming this pleasing duty, allow us to
express the hope that you will accept, and we beg to suggest that it
would be most agreeable to the body we represent, as you are a mem-
ber of the Congress, that you should signify to it in person your con-

102 CORRESPONDENCE, ETC.

sent to serve the country in the high position to which you have been
called.

We have the honor to be, very respectfully, yours,

JOHN PERKINS, jR.

W. P. HARRIS.

JNO. GILL SHORTER.

[February 12, 1861. — For resolution of Confederate Congress in
relation to the occupation of the forts, arsenals, &c., see Series I,
Vol. I, p. 254.]

Executive Department,

Tallahassee, February IS, 1861.
Hon. T. J. Eppes,

President of the Senate:
Sir: Since communicating informally the telegrams received last
night from Montgomery, the additional dispatch has been handed me
of a later date. In view of the fact that a permanent government
will soon be organized, it is important that provision should be made
for the representation of Florida therein, and I submit to the General
Assembly the propriety of electing Senators at once, without subject-
ing the State to the expense of an extra session of the Legislature for
that purpose.

M. S. PERRY.

AN ACT to continue in office the officers connected with the collection of the
customs in the Confederate States of America.

Be it enacted by the Confederate States of America in Congress
assembled, That the several officers who, at the time of the adoption
of the Constitution of the Provisional Government of these States,
held and exercised any office connected with the collection of the cus-
toms, duties, and imposts in the several States of this Confederacy,
or as assistant treasurers intrusted with keeping the moneys arising
therefrom, are hereby appointed to the several offices which at the
said date they respectively held ; and they shall have the same pow-
ers, be subject to the same duties, and be entitled to the same salaries,
fees, and emoluments as are set forth and. provided in and by the
laws of the United States of America, until the 1st day of April next:
Provided, That the maximum of compensation which each collector
shall receive from all sources shall not exceed the rate of $5,000 per
annum.

Sec 2. Each collector so appointed shall, within two weeks from
the date of this act, execute to the Confederate States of America a
bond in the same amount and subject to a like condition with his last
bond to the United States of America, with sureties to be approved
by a judge of any superior or circuit court of the State where such
collector is located. And each of the other officers shall, within one
week after the collector shall have entered upon the discharge of his
duties, execute to the Confederate States of America a bond in the
same amount and subject to the like condition with his last bond to
the United States of America (in case he was required to execute a

Confederate authorities. 103

bond), with sureties to be approved by the collector of the port where
such office is located.

Sec. 3. The said several officers shall take an oath before a magis-
trate well and faithfully to discharge the duties of his office and to
support the Constitution of the Provisional Government of the Con-
federate States of America, which said oath shall be indorsed upon
the bond, and the bond shall be filed in the office of the Secretary of
the Treasury, or in such other place as he may direct.

Adopted February 14, 1861.

A RESOLUTION for the appointment of commissioners to the Government of
the United States of America.

Resolved by the Confederate States of America in Congress assem-
bled, That it is the sense of this Congress that a commission of three
persons be appointed by the President elect, as early as may be con-
venient after his inauguration, and sent to the Government of the
United States of America, for the purpose of negotiating friendly
relations between that Government and the Coniederate States of
America, and for the settlement of all questions of disagreement
between the two Governments upon principles of right, justice, equity,
and good faith.

Adopted February 15, 1801.

Monday, February 18, 1861*
SECRET SESSION.

At 1 p. m. the President elect of the Confederate States of
America, escorted by the Vice-President and the committee of arrange-
ments, appeared within the hall of Congress, and was escorted to the
chair, supported on his right by the Vice-President and on his left by
the president of Congress.

On motion of Mr. Chilton, the Congress then repaired, in company
with the President elect, to the front of the Capitol for the purpose
of inaugurating the President.

The president of the Congress presented the President elect to the
Congress.

The Rev. Dr. Basil Manly, as chaplain of the day, offered prayer.

The President elect then delivered his inaugural address, after
which the oath of office was administered to him by the president of
the Congress.

On motion of Mr. Chilton, the Congress returned to its hall, accom-
panied by the President of the Confederate States.

On motion of Mr. Chilton, it was ordered that the inaugural address
of the President be spread upon the journal of this body, and that
5,000 copies thereof be printed for the use of the Congress.

And then the Congress adjourned.

*From Journal of the Provisional Congress.

104 CORRESPONDENCE, ETC.

Tuesday, February 19, 1861*

OPEN SESSION.

The inaugural address of the President was received, spread upon
the journal, and is as follows :

Qentlemen of the Congress of the Confederate States of America :

FRiEajDS AND Fellow- Citizens : Called to the difficult and responsible station
of Chief Executive of the Provisional Govenunent which you have instituted, I
approach the discharge of the duties assigned to me with an humble distrust of
my abilities, but with a sustaining confidence in the wisdom of those who are to
guide and to aid me in the administration of public affairs, and an abiding faith
in the virtue and patriotism of the people. LookLng forward to the speedy estab-
lishment of a permanent government to take the place of this, and which, by its
greater moral and physical power, will be better able to combat with the many
difficiilties which arise from the conflicting interests of separate nations, I enter
upon the duties of the office to which I have been chosen with a hope that the
beginning of our career as a confederacy may not be obstructed by hostile oppo-
sition to our enjoyment of the separate existence and independence which we
have asserted, and, with the blessing of Providence, intend to maintain. Our
present condition, achieved in a manner unprecedented in the history of nations,
illustrates the American idea that governments rest ux)on the consent of the gov-
erned, and that it is the right of the people to alter or abolish governments whenever
they become destructive of the ends for which they were established. The
declared purpose of the compact of the Union from which we have withdrawn
was " to establish justice, insure domestic tranquillity, provide for the common
defense, promote the general welfare, and secure the blessings of liberty to our-
selves and our posterity ; " and when , in the judgment of the sovereign States now
composing this Confederacy, it had been perverted from the purposes for which it
was ordained, and had ceased to answer the ends for which it was established, a
peaceful appeal to the ballot box declared that, so far as they were concerned, the
Government created by that compact should cease to exist. In this they merely
asserted a right which the Declaration of Independence of 1776 had defined to be
inalienable ; of the time and occasion for its exercise they, as sovereigns, were the
final judges, each for itself. The impartial and enlightened verdict of mankind
will vindicate the rectitude of our conduct, and He who knows the hearts of men,
will judge of the sincerity with which we labored to preserve the Government of
our fathers in its spirit. The right solemnly proclaimed at the birth of the
States, and which has been affirmed and reaflSrined in the bUls of rights of States
subsequently admitted into the Union of 1789, undeniably recognize in the peo-
ple the power to resume the authority delegated for the purposes of government.
Thus the sovereign States here represented proceeded to form this Confederacy,
and it is by abuse of language that their act has been denominated a revolution.
They formed a new alliance, but within each State its government has remained;
the rights of person and property have not been disturbed. The agent through
whom they communicated with foreign nations is changed, but this does not
necessarily intemipt their international relations. ^

Sustained by the consciousness that the transition from the former Union to
the present Confederacy has not proceeded from a disregard on our part of just
obligations or any failure to perform every constitutional duty ; moved by no
interest or passion to invade the rights of others ; anxious to cultivate peace and
commerce with all nations, if we may not hope to avoid war, we may at least
expect that posterity will acquit us of having needlessly engaged in it. Doubly
justified by the absence of wrong on our part, and by wanton aggression on the
part of others, there can be no cause to doubt that the courage and patriotism of
the people of the Confederate States will be found equal to any measures of
defense which honor and security may require.

An agricultural people, whose chief interest is the export of a commodity
required in every manufacturing country, our true policy is peace, and the freest
trade which our necessities will permit. It is alike our interest and that of all
those to whom we would sell and from whom we would buy that there should be
the fewest practicable restrictions upon the interchange of commodities. There
can be but little rivalry between ours and any manufacturing or navigating com-
munity, such as the Northeastern States of the American Union. It must follow,

* Prom Journal of the Provisional Congress.

CONFEDERATE AUTHORITIES. 105

therefore, that a mntnal interest would invite good will and kind ofiBces. If,
however, passion or the lust of dominion should cloud the judgment or inflame
the ambition of those States, we must prepare to meet the emergency and to main-
tain by the final arbitrament of the sword the position which we have assumed
among the nations of the earth. We have entered upon the career of independ-
ence, and it must be inflexibly pui-sued. Through many years of controversy
with our late associates, the Northern States, we have vainly endeavored to
secure- tranquillity and to obtain respect for the rights to which we were
entitled. As a necessity, not a choice, we have resorted to the remedy of separa-
tion; and henceforth our energies must be directed to the conduct of our own
affairs and the perpetuity of the confederacy which we have formed. If a just
perception of a mutual interest shall permit us peaceably to pursue our separate
political career, my most earnest desire will have been fulfilled. But if this be
denied to us, and the integrity of our territory and jurisdiction be assailed, it
will but remain for us, with firm resolve, to appeal to arms and invoke the bless-
ings of Providence on a just cause.

As a consequence of our new condition, and with a view to meet anticipated
wants, it will be necessary to provide for the speedy and efficient organization of
branches of the Executive Department, having special charge of foreign inter-
course, finance, military affairs, and the postal service.

For purposes of defense the Confederate States may, under ordinary circum-
stances, rely mainly upon their militia, but it is deemed advisable in the present
condition of affairs that there should be a well-instructed and disciplined army,
more numerous than would usually be required on a peace establishment. I also
suggest that, for the protection of our harbors and commerce on the high seas, a
navy adapted to those objects will be required. These necessities have doubtless
engaged the attention of Congress.

With a Constitution differing only from that of our fathers in so far as it is
explanatory of their well-known intent, freed from the sectional conflicts which
have interfered with the pursuit of the general welfare, it is not unreasonable to
expect that States from which we have recently parted may seek to unite their
fcrtunes with ours under the Government which we have instituted. For this
your Constitution makes adequate provision; but beyond this, if I mistake not
the judgment and will of the people, a reunion with the States from which we
have separated is neither practicable nor desirable. To increase the jjower,
develop the resources, and promote the happiness of a confederacy, it is requisite
that there should be so much of homogeneity that the welfare of every portion
shall be the aim of the whole. Where this does not exist antagonisms are engen-
dered, which must and should result in separation.

Actuated solely by the desire to preserve our own rights and promote our own
welfare, the separation of the Confederate States has been marked by no aggres-
sion upon others, and followed by no domestic convulsion. Our industrial
pursnite have received no check, the cultivation of our fields has progressed as
heretofore, and even should we be involved in war, there would be no consider-
able diminution in the production of the staples which have constituted our
exports, and in which the commercial world has an interest scarcely less than
our own. This common interest of the producer and consumer can only be
interrupted by an exterior force which should obstruct its transmission to
foreign markets — a course of conduct which would be as unjust toward us as it
would be detrimental to manufacturing and commercial interests abroad. Should
reason guide the action of the Government from which we have separated, a
policy so detrimental to the civilized world, the Northern States included, could
not be dictated by even the strongest desire to inflict injury upon us ; but other-
wise a terrible responsibility will rest upon it, and the suffering of millions will
bear testimony to the folly and wickedness of our aggressors. In the meantime
there will remain to us, besides the ordinary means before suggested, the well-
known resources for retaliation upon the commerce of the enemy.

Experience in public stations of subordinate gi-ade to this, which your kindness
has conferred, has taught me that care, and toil, and disappointaient are the
price of official elevation. You will see many errors to forgive, many deficiencies
to tolerate, but you shall not find in me either a want of zeal or fidelity to the
cause that is to me highest in hope and of most enduring affection. Your gen-
erosity has bestowed upon me an undeserved distinction ; one which I neither
sought nor desired. Upon the continuance of that sentiment, and upon your
wisdom and patriotism, I rely to direct and support me in the performance of the
duty required at my hands.

We have changed the constituent parts but not the system of our Government.
The Constitution formed by our fathers is that of these Confederate States, in
their exposition of it ; and in the judicial construction it has received we have a
lieht which reveals its true meaning.

106 COERESPONBENCte, ETC,

Thns instructed as to the just interpretation of the instrument, and ever
remembering that all offices are but trusts held for the people, and that delegated
powers are to be strictly construed, I will hope, by due diligence in the perform-
ance of my duties, though 1 may disappoint your expectations, yet to retain,
when retiring, something of the good will and confi^nce which welcome my
entrance into office.

It is joyous, in the midst of perilous times, to look around upon a people united
in heart, where one purpose of high resolve animates and actuates the -whole ;
where the sacrifices to be made are not weighed in the balance against honor, and
right, and liberty, and equality. Obstacles may retard, they cannot long prevent,
the progress of a movement sanctified by its justice and sustained by a virtuous
people. Reverently let us invoke the God of our fathers to guide and protect us in
our efforts to perpetuate the principles which, by His blessing, they were able
to vindicate, establish, and transmit to their jjosterity, and with a continuance of
His favor ever gratefully acknowledged, we may hopefully look forward to
success, to peace, and to prosperity.

AN ACT to provide for munitions of war, and for other purposes.

Sec. 1. Be it enacted by the Confederate States of America in Con-
gress assembled, That the President, or the Secretary of War under
his direction, is hereby authorized and empowered to make contracts
for the purchase and manufacture of heavy ordnance and small arms;
and of machinery for the manufacture or alteration of small-arms
and munitions of war, and to employ the necessary agents and arti-
sans for these purposes; and to make contracts for the establishment
of powder mills and the manufacture of powder; and the President
is authorized to make contracts provided for in this act, in such man-
ner and on such terms as in his judgment the public exigencies may
require.

Approved February 20, 1861.

AN ACT to establish the War Department.

The Congress of the Confederate States of America do enact, That
an executive department be, and the same is hereby, established,
under the name of the War Department, the chief officer of which
shall be called the Secretary of War.

Sec. 2. Be it further enacted. That said Secretary shall, under the
direction and control of the President, have charge of all matters and
things connected with the Army, and with the Indian tribes within
the limits of the Confederacy, and shall perform such duties apper-
taining to the Army, and to said Indian tribes, as may from time to
time be assigned to him by the President.

Sec. 3. And be it further enacted, That the Secretary of said Depart-
ment is hereby authorized to appoint a chief clerk thereof, and as
many inferior clerks as may be found necessary and may be author-
ized by law.

Approved February 21, 1861.

Montgomery, Ala., February 21, 1861.
Capt. R. SemmeS:

Dear Sir: As agent of the Confederate States you are authorized
to proceed, as hereinafter set forth, to make purchases and contracts
for machinery and munitions, or for the manufacture of arms and

CONFEDERATE AUTHORITIES. 107

mnnitions of war. Of the proprietor of the Hazard Powder Company,
in Connecticut, you will probably be able to obtain cannon and mus-
ket powder, the former to be of the coarsest grain, and also to engage
with him for the establishment of a powder mill at some point in the
limits of our territory. The quantity of powder to be supplied imme-
diately will exceed his stock on hand, and the arrangement for fur-
ther supply should, if possible, be by manufacture in our own terri-
tory. If this is not practicable, means must be sought for further
shipments from any and all sources which are reliable. At the arse-
nal at Washington you will find an artificer named Wright, who has
brought the cap-making machine to its present state of efficiency, and
who might furnish a cap machine and accompany it to direct its oper-
ations. If not in this, I hope you may in some way be able to obtain
a cap machine with little delay, and have it sent to the Mount Vernon
Arsenal, Ala. We shall require a manufactory of friction-primers,
and will, if possible, induce some capable person to establish one in
our country. The demand of the Confederate States will be the
inducement in this as in the case of the powder mill proposed. A
short time since the most improved machinery for the manufacture
of rifles, intended for the Harper's Ferry Arsenal, was, it was said,
for sale by the manufacturer. If it be so at this time, you will pro-
cure it for this Government, and use the needful precaution in rela-
tion to its transportation. Mr. Barbour, the superintendent of the
Harper's Ferry Armory, can give you all the information in that con-
nection which you may require. Mr. Ball, the master armorer at
Harper's Ferry, is willing to accept service under our Government,
and could probably bring with him some skilled workmen. If we get
the machinery this will be important. Machinery for grooving mus-
kets and heavy guns, with persons skilled . in their use, is, I hope,
to be purchased ready-made. If not, you will contract for their
manufacture and delivery. You will endeavor to obtain the most
improved shot for rifled cannon, and persons skilled in the prepara-
tion of shot and other fixed ammunition. Capt. G. W. Smith and
Captain Lovell, late of the U. S. Army, and now of New York City,
may aid you in your task; and yoa will please say to them that we
would be happy to have their services in our army. You will make
such inquiries as your varied knowledge will suggest in relation to
the supply of guns of different calibers, especially the largest. I sug-
gest the advantage, if to be obtained, of having a few of the 15-inch
guns like the one cast at Pittsburg. I have not sought to prescribe
so as to limit your inquiries, either as to object or place, but only to
suggest for your reflection and consideration the- point? which have
chanced to come under my observation. You will use your discre-
tion in visiting places where information of persons or things is to be
obtained for the furtherance of the object in view. Any contracts
made will be sent to the Hon. L. P. Walker, Secretary of War, for
his, approval, and the contractor need not fear that delay will be
encountered in the action of this Government.
Very respectfully, yours, &c.,

JEFFERSON DAVIS.

Selma, Ala., February 22, 1861.
Messrs. Robert H. Smith and Colin J. McRae:

Gentlemen: As our immediate representatives in the Congress of
the Confederate States of America, we write you in regard to the pur-
chase of the Selma Manufacturing Company as an armory for the

108 CORRESPONDENCE, ETC.

manufacture of arms and ordnance for the use of the Confederacy. '
We inclose a map* showing the situation and plan of the works, and
of the buildings connected with the establishment, and also a state-
ment in detail of the machinery, forges, furnaces, engines, and other
appurtenances of the works, marked A, to which we refer you for par-
ticulars. These works are now in complete order, and could at once
be converted into the manufacture of cannon. They have been put
up at a cost of near $75,000, but the undersigned are willing to dis-
pose of them to the Confederacy for the sum of $40,000, reserving a
part of the ground not essential to the works. The peculiar advan-
tages of Selma for the location of an armory are well known to all
acquainted with its geographical po.sition. It is now connected by
railroad and river with the great arteries of travel from South to
North, and looking to the early completion of the Alabama and Ten-
nessee River Railroad, and the Alabama and Mississippi River Rail-
road, it will soon be the center from which will diverge, in all direc-
tions, railroad connections with the Northern, Southern, Eastern, and
Western States of our Confederacy. Selma is also most fortunately
situated with regard to the means of manufacturing in iron. The
coal beds of Bibb and Shelby are only fifty-four miles distant, and are
immediately upon the Alabama and Tennessee River Railroad, from
whence inexhaustible supplies of fuel can be obtained more conveni-
ently and cheaper than at any other point in the Confederacy, while
iron ore of the best quality, equaling that of Russia and Sweden, can
be had by the same railroad from the iron mines of Shelby and Bibb
Counties, distant about sixty miles. We trust that it is not necessary
to enumerate in detail the many and varied advantages in favor of
Selma as the proper point for the establishment of a public armory.
Many additional reasons will readily present themselves to your
minds, and we only beg in this communication to call your attention,
and through you the attention of Congress, to some of the more promi-
nent advantages of our petition. It will give us much pleasure fur-
ther to aid any committee that may be placed in charge of the subject,
and to respond to any inquiries that may be deemed necessary to bring
the subject properly to their minds.
Yours, very respectfully,

EDWARD T. WATTS.

R. N. PHILPOT.

JOS. M. LAPSLEY.

[Inclosure.]

Size of lot, four acres, lying on two street's and Alabama and Ten-
nessee River Railroad 100 yards from the Alabama River. Building
as set forth in the drawing, brick and iron, nearly all fireproof. The
molding building is the largest and best in the State ; has a pit and
cupola ready to cast cannon, shot, or shell at once; 140 feet of shaft-
ing running through the works ; four large lathes, two planers, two
bolt cutters, and two forges, all in perfect order, run by engine about
eighty horsepower, connecting all the machinery or not, as may be
required. Water supplied by an artesian well on the premises 500
feet deep. Coal beds fifty-four miles from Selma on the Alabama
and Tennessee Railroad; iron beds sixty to seventy miles on and
near same road; some of it the best in America and equal to Russia
iron. Two railroads already in operation and third progressing,
connecting with the Great Northern, Mobile, and Pensacola Railroads.

" * Not found. ~

CONFEDERATE AUTHORITIES. 109

Montgomery, Ala., February 23, 1861.
President of the State Convention op Florida,

At Tallahassee :

The undersigned deputies from the State of Florida to the conven-
tion of seceded States begun and held at Montgomery, in Alabama,
on the 4th of February, instant, beg leave to submit to the convention
over which you preside the following explanation :

Upon the assembling in this city on the 4th of February of the
convention to which we were accredited, we met full deputations from
the States of South Carolina, Georgia, Alabama, Mississippi, and Loui-
siana. But one purpose seemed to animate the whole — that of forming
at the earliest practicable moment a vigorous and efficient government
to meet the exigencies of the times, and to supply the place of the one
from which we had lately withdrawn.

In addressing itself to this task the convention (or congress, as it
is called here) encountered no difficulty in agreeing upon a basis for
the new government. For that basis the Constitution of the United
States had been already designated by the respective States. No
alteration in the main fundamental principles contained in that
instrument was deemed either necessary or desirable. Only such
modifications as would best suit it to the present condition of the
seceded States was resorted to ; but how far these modifications should
extend, and of what they should consist, along with very many col-
lateral questions involving to a greater or less extent matters vital to
our present condition, constituted subjects of inquiry which were met
at every step.

Before the Congress had advanced to a completion of its preliminary
labors, to wit, on the 8th of February, we received through the mail
a certified copy of a resolution passed by your body on the 17th of
January, instructing us "to oppose any attempt on the part of the
Southern convention to legislate or transact any business whatsoever
other than the adoption of a provisional government to be substan-
tially on the basis of the Constitution of the late United States, and a
X)ermanent constitution for the Southern Confederacy upon the same
basis, and that in the event of the said (Southern) convention under-
taking, on any pretext whatsoever, to exercise any powers other than
that above enumerated," we were "instructed to protest against the
same, and to declare in behalf of the State of Florida that such acts
would not be binding on our State."

Not having been present in the State convention when this resolu-
tion was passed, and never having learned from any source the motives
by which the convention was actuated in its adoption, we were forced
to conclude that it was done, in the abundance of caution, to prevent
the usurpation of powers which might prove detrimental to the inter-
ests of our State, and not with a view of placing Florida in an atti-
tude before her sister seceded States of attempting to dictate to them
any special policy of her own, to the exclusion of that which a major-
ity might think best. It appeared to your delegates that the necessity
for some legislation might arise before either a provisional or perma-
nent constitution could be adopted. For a body of men to get together
from distant sections of the country, and to agree in a few days to a
constitution for their government, every detail and provision of which
would bp likely to bear upon their diversified interests, would have
been wonderful, if not miraculous. The exigencies of the times
admitted of but little if any delay. The Governor of one of the

110 COERESPONDENCE, ETC.

States had made a demand upon the President of the United States
for the delivery of a fortress which was in the possession of Federal
forces. Upon refusal by the President to deliver the fort as demanded
it was naturally anticipated that an attempt to enforce it would be
made. Highly irritated (and justly, too) at the perfidious conduct
of the Federal Government, the Chief Executive of South Carolina
could with difficulty restrain her gallant sons from making an assault
which would have purchased the fort at the price of much of the best
and noblest blood of the South. A condition of things very similar to
this existed at Pensacola, in our own State, with this additional cause
for prompt action on the part of the Congress, viz, that re-enforce-
ments were daily expected at Pensacola which would make not only
the capture of Fort Pickens a work of difficult undertaking on our
part, but which threatened a recapture of the places in our posses-
sion. In this condition of things your delegates did not hesitate to put
a liberal construction upon the terms of the resolution referred to.

To have refused to "transact any business" connected with this
condition of affairs, or to have protested against any action by the
Congress at Montgomery looking to the immediate protection of the
people of Florida, even before the formation of a provisional govern-
ment, we felt constrained to believe would not have met with your
approval. We did not hesitate, therefore, to co-operate with the
delegates from the other seceded States in any and every measure
looking to a speedy preparation for common defense and to the avoid-
ance of unnecessary bloodshed. Amongst the first duties, however,
to which the Congress addressed itself was the adoption of a consti-
tution for a provisional government. This necessarily occupied sev-
eral days. The plan proposed, and which met the approval of a
majority of the States, was the one finally adopted, and under which
we are now living. By one of its provisions the deputies assembled
for its formation constitute the legislative branch of the Provisional
Government. As this seemed not to have been anticipated by the
State convention of Florida, your delegates voted against it, but were
only sustained in that opposition by the vote of the State of Missis-
sippi. We so voted in obedience to the letter of your instructions,
yet we cannot well see how even a provisional government could have
been formed without it which would have met the crisis. To have
called upon the States to elect and send up senators and representa-
tives to constitute the legislative branch of a government which was
merely provisional and was to be soon superseded would have caused
delay which might have proved disastrous, to say nothing of the
expense and trouble to the people attending such an election. Your
delegates therefore cheerfully acquiesced in the decision of two-thirds
of our sister States, and proceeded at once to assume the duties and
responsibilities involved in their new situation. To a faithful dis-
charge of our duties under that constitution we are urgently con-
strained by a proper sense of obligation to our State and by the sanc-
tion of our solemn oaths. The momentous issues at stake furnish the
apology for our course.

Relying upon your generous confidence for support, and confident
of the final triumph of the cause of our section, we are, very respect-
fully, your obedient servants,

J. PATTON ANDERSON.

JACKSON MORTON.

JAS. B. OWENS.

CONPEDEEATE AUTHORITIES. Ill

AN ACT to declare and establish the free navigation of the Mississippi Biver.

Ths Congress of the Confederate States of America do enact, That
the peaceful navigation of the Mississippi River is hereby declared
free to the citizens of any of the States upon its borders, or upon the
borders of its navigable tributaries; and all ships, boats, rafts, or
vessels may navigate the same, under such regulations as may be
established by authority of law, or under such police regulations as
may be established by the States within their several jurisdictions.

Sec. 2. Be it further enacted, All ships, boats, or vessels which
may enter the waters of the said river within the limits of this Con-
federacy, from any port or place beyond the said limits, may freely
pass with their cargoes to any other port or place beyond the limits
of this Confederacy without any duty or hindrance, except light
money, pilotage, and other like charges; but it shall not be lawful for
any such ship, boat, or vessel to sell, deliver, or in any way to dispose
of any part of her cargo or land any portion thereof for the purpose
of sale and delivery within the limits of this Confederacy; and in case
any portion of such cargo shall be sold or delivered, or landed for
that purpose, in violation of the provisions of this act, the same shall
be forfeited, and shall be seized and condemned by a proceeding in
admiralty before the court having jurisdiction of the same in the dis-
trict in which the same may be found; and the ship, boat, or vessel
shall forfeit four times the amount of the value of the duties chargeable
on the said goods, wares, or merchandise so landed, sold, or disposed
of in violation of the provisions of this act, to be recovered by a
proper proceeding in admiralty before the said court in the district
in which such ship, boat, or vessel may be found, one-half for the use
of the collector of the district who shall institute and conduct such
proceeding, the other half for the use of the Government of the Con-
federate States: Provided, That if any such ship, boat, or vessel shall
be stranded, or from any cause become unable to proceed on its voy-
age, the cargo thereof may be landed and the same may be entered
at the nearest port of entry, in the same manner as goods, wares, and
merchandise regularly consigned to said port; and the person so enter-
ing the same shall be entitled to the benefit of drawback of duties or
of warehousing said goods, wares, and merchandise as provided by
law in other cases.

Sec. 3. And be it further enacted, If any i)erson having the charge
of or being concerned in the transportation of any goods, wares, or
merchandise upon the said river shall, with intent to defraud the
revenue, break open or unpack, within the limits of the^Confederate
States, any part of the merchandise entered for transportation beyond
the said limits, or shall exchange or consume the same, or with like
intent shall break or deface any seal or fastening placed thereon by
any officer of the revenue, or if any person shall deface, alter, or forge
any certificate granted for the protection of merchandise transported
as aforesaid, each and every person so oflfending shall forfeit and pay
$500, and shall be imprisoned not less than one nor more than six
months, at the discretion of the court before which such person shall
be convicted.

Sec. 4. Be it further enacted. In case any ship, boat, or vessel shall
enter the waters of the said river within the limits of the Confederate
States, having on board any goods, wares, or merchandise subject to
the payment of duties, and the master, consignee, or owner shall
desire to land the same for sale or otherwise, it shall be lawful to

112 COERESPONDENCE, ETC.

enter the said goods, wares, and mercliandise at any port of entry in
the same manner as goods, wares, or merchandise regularly consigned
to the said port, or to forward them under bond or seal according to
the regulations customary in such cases when consigned to any port or
place beyond the limits of this Confederacy, and on payment of the
duties on said goods to obtain from the collector a license to land the
same at any point on the river; and when goods, wares, or merchan-
dise shall be entered as aforesaid, the owner, importer, or consignee
shall be entitled to the benefit of drawback of duties or of warehous-
ing the said goods, wares, and merchandise, as is provided by law,
upon complying with all the laws and regulations which apply to cases
of entry for drawback or warehousing, respectively.

Sec. 5. Be it further enacted, When any such ship, boat, or vessel,
having on board goods, wares, and merchandise subject to the pay-
ment of duties, as set forth in the fourth section, shall arrive at the
first port of her entry of the Confederate States, the master or person
in command of such ship, boat, or vessel shall, before he pass the
said port, and immediately upon his arrival, deposit with the collector
a manifest of the cargo on board subject to the payment of duties,
and the said collector shall, after registering the same, transmit it,
duly certified to have been deposited, to the officer with whom the
entries are to be made; and the said collector may, if he judge it
necessary for the security of the revenue, put an inspector of the cus-
toms on board anj' such ship, boat, or vessel, to accompany the same
until her arrival at the first port of entry to which her cargo may be
consigned; and if the master or person in command shall omit to
deposit a manifest as aforesaid, or refuse to receive such inspector on
board, he shall forfeit and pay $500, with costs of suit, one-half to
the use of the officer with whom the manifest should have been depos-
ited, and the other half to the use of the collector of the district to
which the vessel was bound : Provided, however, That until ports of
entry shall be established above the city of Vicksburg, on the Missis-
sippi River, the penalties of this act shall not extend to the delivery
of goods above that port by vessels or boats descending said river.

Approved February 25, 1861.

Decatur, February 25, 1861.
Hon. G. W. Crawford,

President, &c., Bel Air:
SiB: The original commission duly issued by you having been mis-
carried, I received a duplicate on the 7th instant. In the meantime
I had seen a statement that the Legislature of Kentucky, to which I
was accredited, would adjourn on the 6th instant. When I received
your commission the State railroad, over which I must go to Ken-
tucky, was, owing to extreme damage caused by recent heavy rains,
impassable. I left home on the 13th instant and reached Frankfort,
Ky., on the 15th instant. I learned that the Legislature did not
adjourn until the 11th instant. No convention having been called in
the absence of the Legislature, I addressed myself to the Governor of
Kentucky. Having given me a frank and cordial reception, he
expressed much regret that I had not arrived in time to make known
my mission to the Legislature, as he thought it probable that I might
have prevailed to induce the convocation of a State convention.
Referring JJjs Excellency to the recent vote in Tennessee, through

CONFEDERATE AUTHORITIES. 113

which I had just passed, I suggested that perhaps much had been
gained to the cause of the South by the necessary postponement of
that question in his State until the meeting of the Legislature, as by
that time, perhaps, those who had been sent to Washington by the
border slave States would probably learn that the elements of secu-
rity, if not of peace, were to be found within and not without their
own borders. The more recent action of Missouri and Arkansas has
not tended to impair my confidence in this suggestion. His Excel-
lency informed me that he would make known to the Legislature,
when reassembled on the 20th of March next, my mission and its
purpose. I remained in the seat of government— Frankfort — four
days, during which I was admitted to free intercommunications with
Governor MagofQn, and he has placed me under acknowledgments
for many courtesies and civilities during my sojourn at Frankfort.
I reached this [place] on my return from Kentucky on the 23d instant.
I have the honor to be, very respectfully, your very obedient
servant,

W. C. DANIELL.

West Point, N. Y., February S6, 1861.
Colonel Beauregard,

Engineers :

My Dear Sir: Your cadet friends (Messrs. Olivier, Frost, and
myself), whom you were kind enough to advise while at the Point not
long since, have resolved, relying upon your kindly consideration, to
impose a still greatet tax upon your kindness by endeavoring to
induce you to favor us with more advice. The avowed policy of Mr.
Lincoln's Administration is to collect the revenues as formerly and to
deny the sovereignty of the Southern Confederacy, which will doubt-
less lead to immediate war. Now, my dear sir, would it be better for
us to wait for this contingency and apply to the Southern Congress
for duty and orders, or to apply directly and immediately to the Gov-
ernor of our State, offering ourselves for duty? Your opinion on this
matter would be gratefully received by us, and your impressions
respecting the chances of a war, the probabilities of our being able to
secure good positions in the service, either of the State or the
Southern Confederacy, and any information as to the present status
of our Stat« army, its organization, &c., would relieve us of much
inquietude and place us under lasting obligations.

With much anxiety as to your response, I am, sir, respectfully,
your obedient servant,

L. D. SANDIDGE,

Cadet.

Executive Office,

February 26, 1861.
Gentlemen of the Congress:

Though the General Government of the Confederate States is
specially charged with the questions arising from the present condi-
tion of Forts Sumter and Pickens, and the Executive is required by
negotiation or other means to obtain possession of those works, and
though the common defense and the issues of peace or war of the
Confederate States must necessarily be conducted by their general
agents, the only material of war which we possess is held by the

8 K R— SERIES IV, vol I

114 CORRESPONDENCE, ETC.

authorities of the several States. To distribute the arms and muni-
tions so as best to provide for the defense of the country, it is need-
ful that they be placed under the control of the General Government.
We have now but little information as to the quantity and quality of
the military supplies on hand, and have no authority to call for
returns from the ofiBcers of the States. The courtesy and patriotism
of the respective Governors would no doubt willingly meet such
inquiry, and would probably induce them to transfer either arma-
ment or stores in compliance with a requisition from this Govern-
ment, but efficiency requires the exclusive control as well of the
means as of the works of defense. The General Government being
also charged with foreign intercourse, may have in the course of
negotiation to account for the property of the United States which,
as a consequence of secession, passed under the authority of the sev-
eral States anterior to the formation of this Government. For these
considerations I respectfully suggest that the proper legislation be
adopted to secure the transfer of all arms and munitions now in the
forts, arsenals, and navy-yards to the custody of the Government of
the Confederate States, and that full returns be made of all arms and
munitions which have been distributed from the public stores to the
troops of the several States, with authority to this Government to
take charge of the accountability for them, and also to receive, to be
accounted for to the several States, such arms and munitions as have
been purchased by them, and which they are willing to devote to the
common service of the Confederacy. The difficulty of supplying our
wants in that regard by purchases abroad or by manufacture at home
is well known to the Congress, and will render unnecessary an argu-
ment to enforce the general policy herein presented, and I have only
respectfully to commend the subject to your consideration.

JEFF'N DAVIS.

AN ACT for the establishment and organization of a general staff for the Army
of the Confederate States of America.

The Congress of the Confederate States of America do enact, That
from and after the passing of this act the general staff of the Army
of the Confederate States shall consist of an Adjutant and Inspector
General's Department, Quartermaster-General's Department, Sub-
sistence Department, and the Medical Department.

Sec. 2. Be it further enacted, That the Adjutant and Inspector
General's Department shall consist of one Adjutant and Inspector
General, with the rank of colonel; four assistant adjutants-general,
with the rank of major, and four assistant adjutants-general, with
the rank of captain.

Sec. 3. Be it further enacted. That the Quartermaster-General's
Department shall consist of one Quartermaster-General, with the rank
of colonel; six quartermasters, with the rank of major; and as many
assistant quartermasters as may from time to time be required by the
service may be detailed by the War Department from the subalterns
of the line, who, in addition to their pay in the line, shall receive $20
per month while engaged in that service. The quartermasters herein
provided for shall also discharge the duties of paymasters, under
such regulations as may be prescribed by the Secretary of War.

Sec. I. Be it further enacted. That the Commissary-General's De-
partment shall consist of one Commissary-General, with the rank of

CONFEDERATE AUTHORITIES. 115

colonel; four commissaries, with the rank of captain; and as many
assistant commissaries as may from time to time be required by the
service may be detailed by the War Department from the subalterns
of the line, who, in addition to their pay in the line, shall receive $20
per month while engaged in that service. The assistant quartermas-
ters and assistant commissaries shall be subject to duties in both
departments at the same time, but shall not receive the additional
compensation but in one department.

Sec. 5. Be it further enacted, That the Medical Department shall
consist of one Surgeon-General, with the rank of colonel; four sur-
geons, with the rank of major, and six assistant surgeons, with the
rank of captain; and as many assistant surgeons as the service may
require may be employed by the Department of War, and receive the
pay of assistant surgeons.

Sec. 6. Be it further enacted, That the ofl&cers of the Adjutant-
General's, Quartermaster-General's, and Commissary-General's De-
partments, though eligible to command, according to the rank they
hold in the Army of the Confederate States of America, shall not
assume command of troops unless put on duty under orders which
specially so direct by authority of the President. The officers of the
Medical Department shall not exercise command except in their own
department.

Sec. 7. Be it further enacted, That the staff officers herein provided
for shall be appointed by the President, by and with the advice and
consent of the Congress, and shall receive such pay and allowances
as shall be hereafter established by law.

Approved February 26, 1861.

[FEBRTJAEr 27, 1861. — For appointment of Crawford, Forsyth, and
Boman, as special commissioners of the Confederate States to the
United States, see Series I, Vol. LT, Part II, p. 8.]

Executive Department,

February 28, 1861.
Gentlemen of Congress:

With sincere deference to the judgment of Congress, I have care-
fully considered the bill in relation to the slave-trade, and to punish
persons offending therein, but have not been able to approve it, and
therefore do return it with a statement of my objections. The Con-
stitution (section 7, article I) provides that the importation of African
negroes from any foreign country other than slave-holding States of
the United States is hereby forbidden, and Congress is required to
pass such laws as shall effectually prevent the same. The rule herein
given is emphatic, and distinctly directs the legislation which shall
effectually prevent the importation of African negroes. The bill
before me denounces as high misdemeanor the importation of African
negroes or other persons of color, either to be sold as slaves or to be
held to service or labor, affixing heavy, degrading penalties on the
act, if done with such intent. To that extent it accords with the
requirements of the Constitution, but in the sixth section of the bill
provision is made for the transfer of persons who may have been
illegally imported into the Confederate States to the custody of foreign
States or societies, upon condition of deportation and future freedom,

116 COREESPONDENCE, ETC

and if the proposition thus to surrender them shall not be accepted,
it is then made the duty of the President to cause said negroes to be
sold at public outcry to the highest bidder in any one of the States where
such sale shall not be inconsistent with the laws thereof. This pro-
vision seems to me to be in opposition to the policy declared in the
Constitution — the prohibition of the importation of African negroes —
and in derogation of its mandate to legislate for the effectuation of
that object. Wherefore the bill is returned to you for your further
consideration, and, together with the objections, most respectfully
submitted.*

JEFF'N DAVIS.

AN ACT to raise money for the support of the Government and to provide for
the defense of the Confederate States of America.

The Congress of the Confederate States of America do enact, That
the President of the Confederate States be, and he is hereby, author-
ized, at any time within twelve months after the passage of this act,
to borrow, on the credit of the Confederate States, a sum not exceed-
ing $15,000,000, or so much thereof as in his opinion the exigencies of
the public service may require, to be applied to the payment of appro-
priations made by law for the support of the Government and for the
defenses of the Confederate States.

Sec. 2. The Secretary of the Treasury is hereby authorized, by the
consent of the President of the Confederate States, to cause to be pre-
pared certificates of stock or bonds, in such sums as are hereinafter
mentioned, for the amount to be borrowed as aforesaid, to be signed
by the Register of the Treasury and sealed with the seal of the Treas-
ury; and the said certificates of stock or bonds shall be made payable
at the expiration of ten years from the first day of September next; and
the interest thereon shall be paid semi-annually at the rate of 8 per
cent, per annum at the Treasury and such other place as the Secre-
tary of the Treasury may designate. And to the bonds which shall be
issued as aforesaid shall be attached coupons for the semi-annual
interest which shall accrue, which coupons may be signed by officers
to be appointed for the purpose by the Secretary of the Treasury.
And the faith of the Confederate States is hereby pledged for the due
payment of the principal and interest of the said stock and bonds.

Sec. 3. At the expiration of five years from the first day of Septem-
ber next the Confederate States may pay up any portion of the bonds
or stocks, upon giving three months' previous public notice, at the
seat of government, of the particular stocks or bonds to be paid, and
the time and place of payment; and from and after the time so
appointed no further interest shall be paid on said stock or bonds.

Sec. 4. The certificates of stock and bonds shall be issued in such
form and for such amounts as may be determined by the Secretary of

*The Journal of the Confederate Congress shows that this veto was sustained.
The question was. Shall the bill pass, notwithstanding the President's objections?

Yeas — Messrs. Currv and Chilton, of Alabama; Morton and Owens, of Florida ;
Toombs, H. Cobb, T. R. R. Cobb, Bartow, Nisbet, and Kenan, of Georgia; Rhett,
Barnwell, Keitt, and Miles, of South Carolina ; Ochiltree, of Texas — 15.

Nays — Messrs. Smith, Hale, Shorter, and Feam, of Alabama; Wright and
Stephens, of Georgia; De Clouet, Conrad, Kenner, Sparrow, and Marshall, of
Louisiana ; Harris, Brooke, Wilson, Clayton, Barry, and Harrison, of Mississippi ;
Chesnut, Withers, and Boyce, of South Carolina; Reagan, Waul, Gregg, and
Oldham, of Texas— 24.

CONFEDERATE AIITHORITIEB. 117

the Treasury, and may be assigned or delivered under such regula-
tions as he may establish; but none of them shall be for a less sum
than $50. And he shall report to Congress, at its next session, a state-
ment in detail of his proceedings, and the rate at which the loans may
have been made, and all the expenses attending the same.

Sec. 5. From and after the first day of August, 1861, there shall be
levied and collected and paid a duty of one-eighth of one cent per
pound on all cotton in the raw state exported from the Confederate
States, which duty is hereby specially pledged to the due payment of
interest and principal of the loan provided for in this act; and the
Secretary of the Treasury is hereby authorized and required to estab-
lish a sinking fund to carry into effect the provisions of this section :
Provided, however, That the interest coupons, issued under the second
section of this act, when due, shall be receivable in payment of the
export duty on cotton : Provided also. That when the debt and interest
thereon herein authorized to be contracted shall be extinguished, or
the sinking fund provided for that purpose shall be adequate to that
end, the said export duty shall cease and determine.

Approved February 28, 1861.

AN ACT to raise provisional forces for the Confederate States of America, and

for other purposes.

The Congress of the Confederate States of America do enact, That
to enable the Government of the Confederate States to maintain its
jurisdiction over all questions of peace and war, and to provide for
the public defense, the President be, and he is hereby, authorized and
directed to assume control of all military operations in every State
having reference to or connection with questions between said States,
or any of them, and powers foreign to them.

Sec. 2. And he it further enacted. That the President is hereby
authorized to receive from the several States the arms and munitions
of war which have been acquired from the United States, and which
are now in the forts, arsenals, and navy-yards of the said States, and
all other arras and munitions which they may desire to turn over and
make chargeable to this Government.

Sec. 3. Be it further enacted. That the President be authorized to
receive into the service of this Government such forces now in the
service of said States as may be tendered, or who may volunteer, by
consent of their State, in such numbers as he may require, for any
time not less than twelve months, unless sooner discharged.

Sec. 4. Be it further enacted. That such forces may be received,
with their oflScers, by companies, battalions, or regiments, and when
so received shall form a part of the Provisional Army of the Confed-
erate States, according to the terms of their enlistment; and the
President shall appoint, by and with the advice and consent of Con-
gress, such general officer or officers for said forces as may be neces-
sary for the service.

Sec. 5. Be it further enacted. That said forces, when received into
the service of this Government, shall have the same pay and allow-
ances as may be provided by law for volunteers entering the service,
or for the Army of the Confederate States, and shall be subject to
the same rules and government.

Approved February 28, 1861.

118 CORRESPONDENCE, ETC.

Richmond, Va., February 28, 1861.
Hon. L. P. "Walker,

Secretary of War:

Sm: I have the honor to report that I arrived in Washington, D. C,
on the evening of Sunday last, in execution of the orders confided to
me by His Excellency the President of the Confederate States. On
the next day I sought the artificer, Wright, at the U. S. Arsenal in
that city, and had a conference with him on the subject of his per-
cussion-cap machine. This machine, which is patented, and which
up to the present time has been in the exclusive use of the United
States, cannot be purchased ready made. Wright seemed to be quite
willing, however, in my first interview with him, to contract with me
for the making of one (the work to be executed in a private shop in
Philadelphia, where several have been made for export to Europe), but
was, I thought, unreasonable in his demands of compensation. The
machine may be made, with all its appurtenances complete, for the
sum of $1,450, but he demanded an additional sum of $3,000 for the
use of his patent and for his personal superintendence of the manu-
facture of the machine. On the evening of the same day on which I
held this conversation with him at the arsenal he called to see me by
appointment, and after some little preliminary conversation said that
he would prefer, before entering into any contract with me, to obtain
the consent of his commanding ofScer at the arsenal, as otherwise he
might lose his place, which was valuable to him. I had no objection
to make to this, of course, as I claimed the right not only to contract
with any artisan in the employment of the Government of the United
States on any subject of private concern, as was this matter of the
patent of a machine, but to induce him by an oflEer of higher pay to
leave his employment and accept service under our Government. He
promised to call on me the next day and give me his final answer.

In the mean time, hearing that Major Barbour, superintendent of
the Harper's Ferry Armory, with whom I was directed to confer with
regard to the purchase of the machinery for making rifles, was in
Richmond, in attendance on the State convention, I returned to this
place yesterday to meet him, leaving the matter of the contract with
Wright in the hands of a friend, whom I directed to offer Wright the
sum of $3,000 for one of his machines delivered in Savannah, and
further to agree with him that if he would accompany it himself and
superintend its working and such other duties of an arsenal as might
be assigned to him, we would give him a salary of $1,500 per annum.
His present pay is $1,250. On the whole I think it,doubtful whether
we shall get either the machine or the man. ' If we do not, I think I
shall have no difficulty in purchasing or in having made at short notice
a machine such as is in common use, and which will be very nearly
as good as Wright's, in New York, or in Springfield, Mass., at both of
which places cap making is conducted on a large scale.

Returning to Major Barbour, this gentleman conferred with me with
great freedom and frankness, and expressed a desire to do anything
in his power to oblige us. He gave me all the information I desired
about the machinery I was in pursuit of. It is still unsold, and may
no doubt be purchased. It belongs to Ames, the manufacturer of
arms at Springfield, Mass. I will proceed to Springfield and see if I
can contract for it.

I have had a conference at this place with Captain Dimmock, the
superintendent of the State arsenal, who promises to aid me in any

CONFEDERATE AUTHORITIES. 119

manner in his power. If I find difficulty in shipping powder or other
munitions direct from the Northern ports, the captain will receive
and forward for me. I visited also the Tredegar Foundry at this place,
and was surprised to find so large and well-appointed an establish-
ment. It has great facilities for founding cannon and casting shot
and shell, and being within slave territory, will be a great resource for
us if we are put upon our defense. I intended to contract with this
establishment for some heavy ordnance, such as 10-inch, 8-inch, and
42-pounder guns, and for shot and shell; but I was informed that Mr.
Anderson, one of the partners, had gone to Montgomery for this very
purpose. This gentleman being with you, you will be enabled to
contract with him in person, and thus relieve me of a portion of my
responsibility. I can recommend his establishment as being a very
reliable one. It employs 700 workmen, and is probably the largest
foundry in the United States. Any communications addressed to me
at Washington City, to the care of Richard H. Clarke, esq., will be
promptly forwarded to me by this gentleman.

I have the honor to be, very respectfully, &c.,

RAPHAEL SEMMES.

Confederate States of America, War Department,

Montgomery, March 1, 1861.
Governor F. W. Pickens,

Charleston, S. C:
Sir: The Congress have passed an act to raise provisional forces
for the Confederate States of America, and for other purposes. I beg
to inclose a copy of the act.* Under this act the President directs
me to inform you that he assumes control of all military operations
in your State having reference to or connected with questions between
your State and powers foreign to it. He also directs me to request
you to communicate to this Department without delay the quantity
and character of arms and munitions of war which have been acquired
from the United States, and which are now in the forts, arsenals, and
navy-yards of your State, and all other arms and munitions which
your State may desire to turn over and make chargeable to this Gov-
ernment. The President further directs me to say that he will pro-
ceed with as little delay as possible to organize the provisional forces
in the respective States, as provided for in the third and fourth sec-
tions of said act.

I have the honor to be, very respectfully, your obedient servant,

L. P. WALKER,
Secretary of War.

(A copy of this letter sent to the Governors of Georgia, Florida,
Alabama, Mississippi, Louisiana, and Texas.)

[March 1, 1861. — For Walker to Beauregard, authorizing the lat-
ter to raise provisional forces for the Confederate States in the State
of South Carolina, not to exceed 5,000 men, &c., see Series I, Vol. I,
p. 260.]

* See February 28, p. 117.

120 CORRESPONDENCE, ETC.

AN ACT to admit Texas as a member of the Confederate States of America.

The Congress of the Confederate States of America do enact, That
the State of Texas be, and is hereby, admitted as a member of this
Confederacy upon an equal footing with the other Confederate States.

Approved March 2, 1861.

Memphis, March 2, 1861.
Hon. L. P. Walker,

Secretary of War, Confederate States of America:
Dear Sir: I am instructed to send you a copy of the following reso-
lution passed by the directors of the Mississippi and Tennessee Rail-
road Company.

Yours, very respectfully,

C. F. VANCE,

Secretary.

Memphis, March 1, 1861.
At a meeting of the Board of Directors of the Mississippi and Ten-
nessee Railroad Company, held at this ofiice on this day, the following
resolution was unanimously adopted:

Besolved by the president and directors of the Mississippi and Tennessee Bail-
road Company, That we tender to the Government of the Confederate States of
America and to the State of Mississippi, free of charge, the use of the Mississippi
and Tennessee Railroad for militai-y purposes ; and the secretary of the company-
is hereby ordered to furnish a copy of this resolution to the Governor of the State
of Mississippi and to the Secretary of War of the Confederate States of America.

I, C. F. Vance, secretary of the Mississippi and Tennessee Railroad
Company, hereby certify that the foregoing is a true copy of a resolu-
tion passed by the Board of Directors of said company on said 1st of
March, 1861.

Witness my signature and seal of said company.

[SEAL.] C. F. VANCE,

Secretary.

[March 4, 1861. — For Walker to the President, transmitting "esti-
mates required for the service of the War Department for twelve
months," see Series I, Vol. I, p. 261.]

Executive Department,
Montgomery, Ala., March ^, 1861.
Hon. L. P. Walker,

Secretary of War :
Sir: Your communication of the Ist instant, inclosing an act of
Congress of the Confederate States of America to raise provisional
forces, &c., has been laid before me. In your letter you state that
the President directs you to inform me "that he assumes the control
of all military operations in your (my) State having reference to or
connected with questions between your (my) State and powers foreign
thereto." You also request me to communicate without delay to your
Department "the quantity and character of arms and munitions of

CONFEDERATE AUTHORITIES. 121

war acquired from the United States, and which are now in the forts,
arsenals, and navy-yards of your (my) State, and all other arms and
munitions your (my) State may desire to turn over and make charge-
able to this the Confederate Government." I am also informed by
you "that he (the President) will proceed with as little delay as pos-
sible to organize the provisional forces of the respective States," &c.
I am much gi-atified to learn that it is the determination of the Presi-
dent to take control of the military operations of the Confederate
States of America, first, because it is right; secondly, because of
his skill and ability to direct the military operations of the new Gov-
ernment, and, thirdly, because it relieves me from a very responsible
duty for the proper discharge of which I am but little qualified. I
herewith transmit to you a copy of the inventory made out by the
captain of ordnance in the arsenal at Mount Vernon, showing every
description of public property in said arsenal at the time of its occu-
pation by the troops of Alabama. * Since that time some of the pow-
der and a few of the muskets and rifles have been placed in the hands
of the troops of the State at Fort Morgan. The amount of powder
and number of arms so used cannot now be stated. I will forthwith
direct Captain Smith, of the ordnance department, stationed at that
place, to make out a new inventory of all the public property now in
the arsenal, which will be laid before the President as soon as received.
I have already furnished you with report made by Maj. Samuel H.
Lockett, of the corps of engineers, showing the number of guns
and nature of public property at Forts Morgan and Gaines. I pre-
sume the State will desire to deliver over to the President the property
acquired from the Federal Government which has not already been
used for the protection of the State. It will, however, require some
action of the State convention, now in session, authorizing me to
make this disposition of the forts, arsenal, and other public property
acquired from the United States. This will no doubt be done in a
few days. I am not prepared to say what course the State convention
will take with regard to the arms purchased by the State under a late
act of the Legislature, but am inclined to the opinion that they should
be retained by the State, to enable her to meet any emergency and to
protect and defend her citizens. The State has purchased within the
last eight months about 9,500 stand of small-arms, consisting of mus-
kets, rifles, carbines, pistols, and sabers; also 700 kegs of powder of
28 pounds each, and 20,000 pounds of lead and 8,000 pounds of minie-
balls; also 1,500,000 percussion-caps and 100,000 fixed cartridges.
Two 10-inch columbiads have been procured, with shot, shells, gun
carriages, &c., which are probably now at Fort Morgan,'and intended
for the defense of that place. These guns will of course be turned
over to the new Government. Also, the State has six new brass rifled
cannon, 6-pounders, and about ten other brass field pieces, 6-pounders,
and six howitzers. Some of these the State may be disposed to trans-
fer to the Confederate Government. This subject has been brought
to the attention of the State convention, that immediate action may
be had thereon.

Nothing will be left undone on my part to aid the Government of
the Confederate States in organizing forces for their defense. I am
advised by your letter that the President "will proceed with as little
delay as possible to organize the provisional forces in the respective
States, as provided for in the third and fourth sections of said act."

* Not found.

122 CORRESPONDENCE, ETC.

In order to aid him in the discharge of this important duty, I here-
with transmit the names of the several ofi&cers appointed by me and
the positions severally assigned to them, designating such as have
received a military education and have been in the public service;
also such as have had military experience without a military edu-
cation.*

All the lieutenants who have not been designated as having received
a military education are highly recommended as young gentlemen of
character and as well qualified. Some of them are personallj'^ known
to the Secretary of War. All the foregoing appointments have been
conscientiously made, with due regard to the qualifications of the
appointees, and have been as well distributed through the State as
circumstances would aUow. If not inconsistent with the views of the
President and Secretary of War and their duty to the public service,
it would be a source of gratification to the persons appointed and to
me that they should be allowed to retain the positions assigned them,
or receive such other appointment as the President shall deem proper.
Very respectfully, your obedient servant,

A. B. MOORE.

MiLLEDGEViLLE, March Ji-, 1861.
The Honorable the President and Members op the Conven-
tion OF the People of Georgia:

In pursuance of my appointment by your body as commissioner to
the State of Delaware, I have visited Dover, the capital of that State,
and, to the best of my ability, discharged the trusts you confided to
me. On my way thither, at Washington City I learned from those
most competent to give information the state of public sentiment in
Delaware in regard to questions connected with the objects of my
mission ; that a large majority of the people were aggrieved at the
aggressions of the Northern upon the Southern States; that their
sympathies and interests were with the latter, and that on the with-
drawal of Virginia and Maryland from the United States, Delaware
would unquestionably foUow them and unite her destinies with the
Confederate States of the South. I learned also that the Legislature
of the State, then in session, was not regarded as a true exponent of
the sentiments of the people on these points, and was advised to
address myself to the Executive. On reaching Dover I found that
one branch of the Legislature, the Senate, had a majority of one knoTvn
and recognized as Democrats, and the otheV branch a majority of
one, though not elected such, called and regarded as Republicans.
After a long social 'and satisfactory interview with His Excellency
Governor Burton, and a consultation with a number of the leading
and prominent men of the State most friendly to the objects of my
mission, all of whom concurred in the opinion that the objects I had
in view would be best promoted by addressing myself to the Execu-
tive, I concluded to make no application for a hearing before the
Legislature. Accordingly I addressed a communication to the Gov-
ernor setting forth the objects of my mission and briefly discussing
the advantages that would result to Delaware by her union with a
Southern Confederacy, and inclosed therein the documents I had been
instructed to lay before the constituted authorities of the State. The

* List of names here omitted.

CONFEDEEATE AUTHORITIES. 123

Grovemor promptly transmitted my communication to the Legislature
without any comment, except that in his message accompanying it he
renewed a previous recommendation for a call of a convention of the
people to take into consideration the questions then agitating the
country. The Senate immediately took up the message for consider-
tion and adopted a resolution in substance affirming that Delaware
appreciated the courtesy of Georgia in sending a commissioner to her;
that in view of her location and the state of things existing in the
States around her, the time for action on her part had not arrived,
and that when it did come Delaware would pursue that course that
would best promote her interests. The House postponed for the
present any action on the message of the Governor, and I have not
yet learned what, if any, has been its action on the subject. It was
expected the Legislature would continue its session till after the 4th
of March, that it might mark out its future course by the events of
that day. Hence it may be that the final action of the Legislature
has not yet been forwarded to me.

I cannot conclude this report without giving it as my decided
opinion, formed from the declarations made to me by a large number
of the prominent and leading men of Delaware, including some who
have heretofore filled her executive chair and represented her in both
branches of the Congress of the United States, members of all parties
into which the country has heretofore been divided, that whenever
Virginia and Maryland shall withdraw from the Union, Delaware
would follow in their footsteps. She will not consent to unite her
destinies with a Northern confederacy while she can form an alliance
with one at the South, with which she is more identified by interest
and to which she is drawn by sentiment and sympathy.

It is due to the State of Delaware and to myself that I should grate-
fully acknowledge, as I here do, the kindness and courtesy extended
to me as your humble representative by the Executive and other
officers and citizens of Delaware with whom during my visit I was
thrown in contact. A copy of my communication to Governor Burton
accompanies this report.

With great respect, your obedient servant,

D. C. CAMPBELL.

[Inclosore.]

Dover, Del., February 12, 1861.
His Excellency Governor Burton:

Dear Sir: I have already had the honor to place in your hand my
credentials accrediting me as a commissioner to the State of Delaware
from a convention of the people of the State of Georgia, recently
assembled at her capital. The object of my mission is twofold. First,
to lay before the constituted authorities of your State the ordinance
of secession by which the State of Georgia has repealed the ordinance
by virtue of which she became a member of the late confederacy
known as the United States of America, has withdrawn from that
confederacy, and has declared herself a free, sovereign, and independ-
ent State. The second object of my mission is, in the name of my
State, to invite the co-operation of Delaware with Georgia and the
other seceding States in the formation of a Southern confederacy.

In obedience to my instructions I beg leave to lay before you the
following documents, all of which are inclosed : First, a resolution of
the Georgia convention declaring it the right and duty of Georgia to

124 CORRESPONDENCE, ETC

secede from the Union;* second, an authenticated copy of the ordi-
nance of secession ;f third, a resolution of the convention uniting
with Alabama in the invitation to the State of Delaware to send com-
missioners to represent her at Montgomery, Ala. ;* fourth, a resolu-
tion of the convention appointing commissioners to Delaware and
other States and defining their duties.* I beg leave respectfully to
ask you to take into consideration these documents exhibiting the
objects of my mission, and if you approve the measure to lay the
same before the Legislature.

You will perceive that the prominent object of my mission is to
invite the co-operation of Delaware in the formation of a Southern
confederacy. Georgia, in the movement she has made, has not acted
in haste or with precipitancy, nor without calm deliberation and after
having counted the cost. She did not withdraw from the Union till
she had lost aU hope of being able to maintain the rights and equality
guaranteed to her by the compact into which she had entered and to
enjoy the domestic tranquillity which was one of the prominent objects
of that compact to secure to her. She has now passed the Rubicon
and with no intention of taking any steps backward. Already in
alliance with other of her sister and neighboring States who have
formed a provisional government and intend speedily to organize a
permanent government "upon the basis of the Constitution of the
United States, she looks with interest to those of the slave-holding
States who have not yet cast in their lot with her and from whom she
has been compelled to separate not without feelings of deep and
poignant regret. They have heretofore battled with her for the same
rights, triumphed with her in the same successes, and mourned with
her under the same reverses. Although it is well known in Georgia
that Delaware, in proportion to her population, has not as deep an
interest in the institution of slavery as the other border slave-holding
States, yet it is well known that she is identified with Georgia in
interest, more so in sentiment, in principle, and in sympathy, and, it
is confidently believed, is destined ere long, under the force of events
rapidly crowding upon her, to be identified with her in action and in
her future destiny.

It is no part of my duty to indicate to the State of Delav/^are what
course it may comport with her honor or her interest to pursue, yet
pardon me in makiiig the suggestion that the cotton States are agri-
cultural in the pxirsuits of their people and have heretofore been
dependent on the Northern States mainly for the products of manu-
facturing and mechanical labor. Hereafter they will look for these
products across the Atlantic if they cannot be furnished by States in
alliance with them. Those Southern border Stat«s, therefore, who are
far advanced in manufacturing and mechanical skill have now ten-
dered to them the entire South for a market and that without a rival.

One other consideration: Free trade, or an approximation to it,
will probably prevail in the Southern confederacy. Delaware has
her sea-ports. Is it unreasonable to suppose that under the high pro-
tective tariffs that Avill prevail in the Northern confederacy that those
sea-ports may attach to them, when they can sell goods at lower prices,
because imported under a lower tariff, an extensive and valuable
commerce which never heretofore has reached them? But on this
subject I forbear. I have only to add that it is the sincere and earn-
est desire of the State of Georgia that all the slave-holding States

* Embodied in Jotunal of the Georgia Convention, January 18, p. 57.
f See January 19, p. 70.

CONFEDERATE AUTHORITIES. 125

may be united in the confederacy, the nucleus of ■which is already
formed, and that Delaware will be among them, exhibiting, as she has
done in the Union that has ceased to exist, her full quota of talent
and moral worth and contribiiting her full quota to its prosperity.

With sentiments of profound respect, I have the honor to be,
respectfully, your obedient servant,

D. C. CAMPBELL.

Montgomery, March 5, 1861.
Hon. John Forsyth,

Washington, D. C:
Get for me a disbursing clerk from War Department. Salary,
$1,200. Want none who has not been so employed in that Depart-
ment.

L. P. WALKER.

AN ORDINANCE in relation to a nnion of the State of Texas with the Con-
federate States of America.

Whereas, the convention of this State has received information that
the Congress of the Confederate States of America, now in session at
the city of Montgomery, in the State of Alabama, has adopted a Con-
stitution for a Provisional Government, which Constitxition is modeled
on that of the United States of America; and whereas, as a seceded
State, it becomes expedient and proper that Texas should join said
Confederacy and share its destinies; and whereas, a delegation con-
sisting of seven members has already been elected by the convention
to the Congress of the Confederacy aforesaid : Therefore,

Section 1. The people of Texas in convention assembled have
ordained and declared, ana do hereby ordain and declare. That the
delegation aforesaid to the Congress aforesaid be, and they are hereby,
instructed, and we do accordingly instruct them in behalf of the
State, and as representing its sovereign authority, to apply for the
admission of this State into the said Confederacy, and to that end
and for that purpose to give in the adhesion of Texas to the Pro-
visional Constitution of said Confederate States; and which said
Constitution this convention hereby approves, ratifies, and accepts.

Sec. 2. Be it fwrther ordained, That the delegation appointed by
this convention to the Congress of the Confederate States be, and
they are hereby, authorized to act in said Congress as the duly
accredited representatives of the State of Texas: T'roviae.d, however.
That any permanent constitution which may be formed by said Con-
gress shall not become obligatory on this State until approved by the
people in such a way as shall be determined upon.

Sec. 3. Be it further ordained, That the president of the conven-
tion immediately transmit, through such channel as he may elect, a
copy or copies of this ordinance to the Congress at Montgomery and
the members of Congress from this State.

Done at the city of Austin on the 5th day of March, A. D. 1861

O. M. ROBERTS,
President of the Convention.

Attest.

R. T. BROWNRIGG,
Secretary to the Convention.

126 CORRESPONDENCE, ETC.

AN ACT to provide for the public defense.

The Congress of the Confederate States of America do enact, That
in order to provide speedily forces to repel invasion, maintain the
rightful possession of the Confederate States of America in every
portion of territory belonging to each State, and to secure the public
tranquillity and independence against threatened assault, the Presi-
dent be, and he is hereby, authorized to employ the militia, military
and naval forces of the Confederate States of America, and to ask for
and accept the services of any number of volunteers, not exceeding
100,000, who may offer their services, either as cavalry, mounted
riflemen, artillery, or infantry, in such proportion of these several
arms as he may deem expedient, to serve for twelve months after
they shall be mustered into service, unless sooner discharged.

Sec. 2. And be it further enacted, That the militia, when called into
service by virtue of this act or any other act, if in the opinion of the
President the public interest requires, may be compelled to serve for
a term not exceeding six months after they shall be mustered into
service, unless sooner discharged.

Sec 3. And he it further enacted, That said volunteers shall furnish
their own clothes, and, if mounted men, their own horses and horse
equipments; and when mustered into service shall be armed by the
States from which they come, or by the Confederate States of America.

Sec 4. And be it further enacted. That said volunteers shall, when
called into actual service, and while remaining therein, be subject to
the Rules and Articles of War, and instead of clothing, every non-
commissioned officer and private in any company shall be entitled,
when called into actual service, in money to a sum equal to the cost
of clothing of a non-commissioned ofl&cer or private in the Regular
Army of the Confederate States of America.

Sec. 5. And be itfurtJier enacted, That the said volunteers so offer-
ing their services may be accepted by the President in companies,
squadrons, battalions, and regiments, whose officers shall be appointed
in the manner prescribed by law in the several States to which they
shall respectively belong; but when inspected, mustered, and received
into the service of the Confederate States, said troops shall be regarded
in all respects as a part of the Army of said Confederate States,
according to the terms of their respective enlistments.

Sec. 6. And be it fwrther enacted. That the President is hereby
authorized to organize companies so tendering their services into bat-
talions or squadrons, battalions or squadrons into regiments, regi-
ments into brigades, and brigades into divisions, whenever in his
judgment such organization may be expedient ; and whenever brigades
or divisions shall be organized, the President shall appoint the com-
manding officers for such brigades and divisions, subject to the con-
firmation of Congress, who shall hold their offices only while such
brigades and divisions are in service; and the President shall, if nec-
essary, apportion the staff and general officers among the respective
States from which the volunteers shall tender their services, as he
may deem proper.

Sec 7. And be itfv/rther enacted. That whenever the militia or vol-
unteers are called and received into the service of the Confederate
States, under the provisions of this act, they shall have the same
organization, and shall have the same pay and allowances as may be
provided for the Regular Army; and all mounted non-commissioned
officers, privates, musicians, and artificers shall be allowed forty cents

CONFEDERATE AUTHORITIES. 127

per day for the use and risk of their horses; and if any volunteer
shall not keep" himself provided with a serviceable horse, such volun-
teer shall serve on foot. For horses kiUed in action volunteers shall
be allowed compensation according to their appraised value at the
date of muster into service.

Sec. 8. And be it further enacted, That the field and staff officers of
a separate battalion of volunteers shall be one lieutenant-colonel or
major, one adjutant with the rank of lieutenant, one sergeant-major,
one quartermaster-sergeant, and a chief bugler or principal musician,
according to corps; and that each company shall be entitled to an
additional second lieutenant; and that the President may limit the
privates in any volunteer company, according to his discretion, at
from sixty-four to one hundred.

Sec. 9. And be it further enacted, That when volunteers or militia
are called into the service of the Confederate States in such numbers
thattheofficersof the Quartermaster, Commissary, and Medical Depart-
ments, which may be authorized by law for the regular service, are
not sufficient to provide for the supplying, quartering, transporting,
and furnishing them with the requisite medical attendance, it shall be
lawful for the President to appoint, with the advice and consent of
the Congress, as many additional officers of said departments as the
service may require, not exceeding one commissary and one quarter-
master for each brigade, Avith the rank of major, and one assistant
quartermaster with the rank of captain, one assistant commissary
with the rank of captain, one surgeon, and one assistant surgeon for
each regiment; the said quartermasters and commissaries, assistant
quartermasters and commissaries, to give bonds with good sureties for
the faithful performance of their duties; the said officers to be allowed
the same pay and emoluments as shall be allowed to officers of the
same grade in the regular service, and to be subject to the Rules and
Articles of War, and to continue in service only so long as their serv-
ices may be required in connection with the militia or volunteers.

Sec. 10. And be it further enacted. That the President be, and he
is hereby, authorized to purchase or charter, arm, equip, and man
such merchant vessels and steamships or boats as may be found fit or
easily converted into armed vessels, and in such number as he may
deem necessary for the protection of the sea-board and the general
defense of the country.

Approved March 6, 1861.

AN ACT for the establishment and organization of the Army of the Confederate

States of America.

The Congress of the Confederate States of America do enact. That
from and after the passage of this act the military establishment of the
Confederate States shall be composed of one corps of engineers, one
corps of artillery, six regiments of infantry, one regiment of cavahy,
and of the staff departments already established by law.

Sec. 2. The corps of engineers shall consist of one colonel, four
majors, five captains, and one company of sappers, miners, and pon-
toniers, which shall consist of ten sergeants or master workmen, ten
corporals or overseers, two musicians, and thirty-nine privates of the
first class, or artificers, and thirty-nine privates of the second class, or
laborers, making in aU one hundred.

Sec. 3. The said company shall be officered by one captain of the
corps of engineers, and as many lieutenants, to be selected by the

128 CORRESPONDENCE, ETC.

President from the line of the Army, as he may deem necessary for
the service, and shall be instructed in and perform all the duties of
sappers, miners, and pontoniers, and shall, moreover, under the orders
of the chief engineer, be liable to serve by detachments in overseeing
and aiding laborers upon fortifications or other works under the
Engineer Department, and in supervising finished fortifications, as
fort-keepers, preventing injury and making repairs.

Sec. 4. It shall be the duty of the colonel of the Engineer Corps,
subject to the approval of the Secretary of War, to prescribe the
number, quantity, form, dimensions, &c., of the necessary vehicles,
arms, pontoons, tools, implements, and other supplies for the service
of the said company as a body of sappers, miners, and pontoniers.

Sec. 5. The corps of artillery, which shall also be charged with
ordnance duties, shall consist of one colonel, one lieutenant-colonel,
ten majors, and forty companies of artillerists and artificers; and
each company shall consist of one captain, two first lieutenants, one
second lieutenant, four sergeants, four corporals, two musicians, and
seventy privates. There shaU also be one adjutant, to be selected by
the colonel from the first lieutenants, and one sergeant-major, to be
selected from the enlisted men of the corps. The President may equip
as light batteries, of six pieces each, such of these companies as he
may deem expedient, not exceeding four in time of peace.

Sec. 6. Each regiment of infantry shall consist of one colonel, one
lieutenant-colonel, one major, and ten companies; each company shall
consist of one captain, one first lieutenant, two second lieutenants,
four sergeants, four corporals, two musicians, and ninety privates;
and to each regiment there shall be attached one adjutant, to be
selected fi'om the lieutenants, and one sergeant-major, to be selected
from the enlisted men of the regiment.

Sec. 7. The regiment of cavalry shall consist of one colonel, one
lieutenant-colonel, one major, and ten companies, each of which shall
consist of one captain, one first lieutenant, two second lieutenants,
four sergeants, four corporals, one farrier, one blacksmith, two musi-
cians, and sixty privates. There shall also be one adjutant and one
sergeant-major, to be selected as aforesaid.

Sec. 8. There shall be four brigadier-generals, who shall be assigned
to such commands and duties as the President may specially direct,
and shall be entitled to one aide-de-camp each, to be selected from
the subalterns of the line of the Army, who, in addition to their duties
as aides-de-camp, may perform the duties of assistant adjutants-
general.

Sec. 9. All officers of the Army shall be appointed by the President,
by and with the advice and consent of the Congress, and the rank and
file shall be enlisted for a term not less than three nor more than five
years, under such regulations as may be established.

Sec. 10. No officer shall be appointed in the Army until he shall
have passed an examination satisfactory to the President, and in such
manner as he may prescribe, as to his character and fitness for the
service. The President, however, shall have power to postpone this
examination for one year after appointment, if in his judgment neces-
sary for the public interest.

Sec. 11. All vacancies in established regiments and corps, to and
including the rank of colonel, shall be fiUed by promotion according
to seniority, except in ease of disability or other incompetency. Pro-
motions to and including the rank of colonel shall be made regimen-
taUy in the infantry and cavalry, in the staff departments, and in the

CONFEDERATE AUTHORITIES. 129

engineers and artillery, according to corps. Appointments to the
rank of brigadier-general, after the Army is organized, shall be made
by selection from the Aiiny.

Sec. 12. The President of the Confederate States is liereby author-
ized to appoint to the lowest grade of subaltern officers such meritorious
non-commissioned officers as may, upon the recommendation of their
colonels and company officers, be brought before an army board,
specially convened for the purpose, and found qualified for the duties
of commissioned officers, and to attach them to regiments or corps as
supernumerary officers if there be no vacancies: Provided, There
shall not be more than one so attached to any one company at the
same time.

Sec. 13. The pay of a brigadier-general shall be $301 per month.
The aide-de-camp of a brigadier-general, in addition to his pay as
lieutenant, shall receive $35 per month.

Sec. 14. The monthly pay of the officers of the corps of engineers
shall be as follows: Of the colonel, $210; of a major, $162; of a cap-
tain, $140; lieutenants serving with the company of sappers and
miners shall receive the pay of cavalry officers of the same grade.

Sec. 15. The monthly pay of the colonel of the corps of artillery
shall be $210; of a lieutenant-colonel, $185; of a major, $150, and
when serving on ordnance duty, $162; of a captain, $130; of a first
lieutenant, $90; of a second lieutenant, $80; and the adjutant shall
receive, in addition to his pay as lieutenant, $10 per month. Officers
of artillery serving in the light artillery, or performing ordnance
duty, shall receive the same pay as officers of cavalry of the same
grade.

Sec. 16. The monthly pay of the officers of the infantry shall be as
follows: Of a colonel, $195; of a lieutenant-colonel, $170; of a major,
$150; of a captain, $130; of a first lieutenant, $90; of a second
lieutenant, $80; the adjutant, in addition to his pay as lieutenant, $10.

Sec. 17. The monthly pay of the officers of the cavalry shall be as
follows: Of a colonel, $210; of a lieutenant-colonel, $185; a major,
$162; a captain, $140; a first lieutenant, $100; a second lieutenant,
$90; the adjutant, $10 per month, in addition to his pay as lieutenant.

Sec. 18. The pay of the officers of the general staff, except those of
the Medical Department, shall be the same as that of officers of cav-
alry of the same grade. The Surgeon-General shall receive an annual
salary of $3,000, which shall be in full of all pay and allowances,
except fuel and quarters. The monthly pay of a surgeon, of ten
years' service in that grade, shall be $200; a surgeon of less than ten
years' service in that grade, $162; an assistant surgeon .of ten years'
service in that grade, $150; an assistant surgeon of five years' service
in that grade, $130; and an assistant surgeon of less than five years'
service, $110.

Sec. 19. There shall be allowed, in addition to the pay hereinbefore
provided, to every commissioned officer except the Surgeon-General,
$9 per month for every five years' service; and to the officers of the
Army of the United States, who have resigned or may resign to be
received into the service of the Confederate States, this additional pay
shall be allowed from the date of their entrance into the former serv-
ice. There shall also be an additional monthly allowance to every
general officer commanding in chief a separate army actually in the
field, [of] $100.

Sec. 20. The pay of officers, as hereinbefore established, shall be in
full of all allowances, except forage, fuel, quarters, and traveling

9 R R— series IV, VOL I

130 CORRESPONDENCE, ETC.

expenses while traveling under orders. The allowance of forage,
fuel, and quarters shall be fixed by regulations and shall be furnished
in kind, except when officers are serving at stations without troops
where public quarters cannot be had, in which case there may be
allowed, in lieu of forage, $8 per month for each horse to which they
may be entitled, provided they are actually kept in service and mus-
tered; and quarters may be commuted at a rate to be fixed by the
Secretary of War, and fuel at the market price delivered. An officer
when traveling under orders shall be allowed mileage at the rate of
10 cents per mUe.

Sec. 21. In time of war officers of the Army shall be entitled to
draw forage for horses, according to grade, as follows : A brigadier-
general, four; the adjutant and inspector general, quartermaster-
general, commissary-gen«ral, and the colonels of engineers, artUlery,
infantry and cavalry, three each; all lieutenant-colonels and majors,
and captains of the general staff, engineer corps, light artillery, and
cavalry, three each; lieutenants serving in the corps of engineers,
lieutenants of light artillery and of cavalry, two each. In time of
peace: General and field officers, three; officers below the rank of
field officers, in the general staff, corps of engineers, light artillery,
and cavalry, two ; provided in all cases that the horses are actually
kept in service and mustered. No enlisted man in the service of the
Confederate States shall be employed as a servant by any officer of
the Army.

Sec. 22. The monthly pay of the enlisted men of the Army of the
Confederate States shall be as follows : That of a sergeant or master
workman of the engineer corps, $34; that of a corporal or overseer,
$20; privates of the first class, or artificers, $17; and privates of the
second class, or laborers, and musicians, $13. The sergeant-major of
cavalry, $21; first sergeants, $20; sergeants, $17; corporals, farriers,
and blacksmiths, $13; musicians, $13, and privates, $12. Sergeant-
majors of artillery and infantry, $21 ; first sergeants, $20 each ; ser-
geants, $17; corporals and artificers, $13; musicians, $12, and privates,
$11 each. The non-commissioned officers, artificers, musicians, and
privates serving in light batteries, shall receive the same pay as those
of cavalry.

Sec. 23. The President shall be authorized to enlist as many master
armorers, master carriage-makers, master blacksmiths, armorers, car-
riage-makers, blacksmiths, artificers, and laborers, for ordnance
service, as he may deem necessary, not exceeding in all 100 men, who
shall be attached to the corps of artillery. The pay of a master
armorer, master carriage-maker, master blacksmith, shall be $34 per
month; armorers, carriage-makers, and blacksmiths, $20 per month;
artificers, $17, and laborers, $13 per month.

Sec. 24. Each enlisted man of the Army of the Confederate States
shall receive one ration per day and a yearly allowance of clothing,
the quantity and kind of each to be established by regulations from
the War Department, to be approved by the President.

Sec. 25. Rations shall generally be issued in kind, but under .cir-
cumstances rendering a commutation necessary; the commutation
value of the ration shall be fixed by regulations of the War Depart-
ment, to be approved by the President.

Sec. 26. The officers appointed in the Army of the Confederate
States by virtue of this act shall perform all military duties to which
they may be severally assigned by authority of the President, and it
shall be the duty of the Secretary of War to prepare and publish reg-

CONFEDERATE AUTHORITIES. 131

ulations prescribing the details of every department in the service
for the general government of the Army, which regulations shall be
approved by the President, and when so approved shall be binding.

Sec. 27. AU officers of the Quartermaster's and Commissary Depart-
ments shall, previous to entering on the duties of their respective
offices, give bonds, with good and sufficient sureties, to the Confed-
erate States, in such sum as the Secretary of War shall direct, fully
to account for all moneys and public property which they may receive.

Sec. 28. Neither the Quartermaster-General, the Commissary-Gen-
eral, nor any or either of their assistants shall be concerned, directly
or indirectly, in the purchase or sale of any articles intended for, making
a part of, or appertaining to public supplies, except for and on account
of the Confederate States; nor shall they, or either of them, take or
apply to his or their own use any gain or emolument for negotiating
any business in their respective departments other than what is or
may be allowed by law.

Sec. 29. The Rules and Articles of War established by the laws of
the United States of America for the government of the Army are
hereby declared to be of force, except that wherever the words "United
States" occur the words "Confederate States" shall be substituted
therefor ; and except that the Articles of War Nos. 61 and 62 are hereby
abrogated and the following articles substituted therefor:

Art. 61. Officers haying brevets or commissions of a prior date to those of the
corps in which they serve will take place on courts-martial or of inquiry, and on
boards detailed for military purposes, when comiMJsed of different corps, accord-
ing to the ranks given them in their brevet or former commissions ; but in the
regiment, corps, or company to which such officers belong they shall do duty and
take rank, both in courts and on boards as aforesaid which shall be composed of
their own corps, according to the commissions by which they are there mustered.

Aet. 62. If upon marches, guards, or in quarters different corps shall happen
to join or do duty together, the officer highest in rank, according to the commis-
sion by which he is mustered in the Army, Navy, Marine Corps, or militia, there
on duty by orders from competent authority, shall command the whole and give
orders for what is needful for the service, unless otherwise directed by the Presi-
dent of the Confederate States in orders of special assignment providing for the
case.

Sec. 30. The President shall call into the service of the Confederate
States only so many of the troops herein provided for as he may deem
the safety of the Confederacy may require.

Sec. 31. All laws or parts of laws of the United States, which have
been adopted by the Congress of the Confederate States, repugnant to
or inconsistent with this act are hereby repealed.

Approved March 6, 1861.

Washington, D. C, March 6, 1861.

His Excellency Jefferson Davis,

President of the. Confederate States of America :
Sir: In pursuance of my understanding with you respecting the
machinery for arms, I immediately, on my arrival here, went to work
to ^nd out the facts relative to the business, and had prepared a letter
to you as the result of my investigations, which I took on Sunday
evening to Captain Semmes for delivery, as I learned he was going
direct to Montgomery. Much to my surprise, he informed me that he
had been sent here fully authorized to transact the same business,
and instead of going to Alabama he was on his way to the East to see
Mr. Ames. Finding myself thus completely ignored in the trans-
action, I, of course, withhold as useless the communication, as no doubt

132 CORRESPONDENCE, ETC.

Captain Semmes has kept you well informed upon the subject. I
regret that I had no knowledge of his appointment, as that would
have prevented my placing myself in an unpleasant position with all
of the parties with whom I had been for some time in intercourse in
reference to the propositions which I had the honor to submit to the
military committee of the Congress. I hope that Captain Semmes
may succeed in the enterprise, for then I shall have the satisfaction
of knowing that my exertions and honest endeavors to benefit the
Confederacy will have been crowned with success. I still believe,
however, that as I had taken the initiative in this business I could
have been of some service in its execution.

I am, sir, very respectfully, your obedient servant,

GEO. W. MORSE.

Confederate States of America, War Department,

Montgomery, March 6, 1861.
Mr. C. F. Vance,

Memphis, Term.:
Sir: Your letter of the 1st instant, inclosing a copy of the resolu-
tion recently adopted by the president and directors of the Mississippi
and Tennessee Railroad Company, tendering to the Government of
the Confederate States of America, free of charge, the use of their
road for military purposes, has just been received. Permit me, sir,
through you, to assure the president and directors of said company
that this manifestation of their kindness and patriotism is highly
appreciated, and, should the occasion arise, this Department will
avail itself of their offer.

Very respectfully, your obedient servant,

L. P. WALKER,
Secretary of War.

[March 6, 1861. — For Gist to Bonham, reporting the organization,
in South Carolina, of ten regiments, aggregating 8,835 rank and file,
see Series I, Vol. I, p. 265.]

Washington, March 7, 1861.
Hon. Jefferson Davis:

My friend and connection has resigned from 'the Army; resignation
accepted; will be with you in five or six days. Have written by pri-
vate hand.

J. M. MASON.

Savannah, Ga., March 7, 1861.*

Mr. Bell, of Forsyth, offered the following resolution:

Resolved, That the people of Georgia, in convention assembled, most heartily
approve the election by the Congress at Montgomery of the Hon. Jefferson Davis

*From Journal of the Georgia Convention.

CONFEDERATE AUTHORITIES. 133

to the Presidency and the Hon. A. H. Stephens to the Vice-Presidency of the Pro-
visional Government of the Confederate States of America, the duties of which
positions their distinguished public services and acknowledged abilities eminently
qualify them to discharge.

The resolution was taken up, read, and unanimously adopted.

On motion of Mr. Crawford, of Greene, the secretary of the conven-
tion was directed to transmit a copy of the foregoing to the Congress
of the Confederate States-of America.

MiLLEDGBViLLE, March 7, 1861.
Hon. George W. Crawford,

President of Georgia Convention, Savannah, Ga.:

Sir : It is known to your honorable body that on the day after my
appointment as commissioner to Texas I set out for the city of Austin,
the capital of that State. Upon my arrival at that point I found its
convention in session, and forthwith proceeded to make known the
object of my mission. I am happy to inform you that [that] body of
enlightened statesmen and patriots cordially indorsed the late action
of Georgia; and their people, not less cordial in their approval of her
course, have followed her example and proclaimed in the last four
days with almost one voice for Southern independence and the estab-
lishment of a Southern confederacy. Although their determination
in this respect, from its public notoriety, must have already reached
you through different channels, yet I have considered it proper in
closing my embassy to authenticate the fact by communicating it
officially to your honorable body.

From the evidence which this spirited and patriotic race of men
have thus given of their loyalty and devotion to Southern rights, I
feel that I pay but a just tribute to the courage and patriotism of the
people of Texas in saying — having upon mature deliberation adopted
this measure as a last resort to protect their interests and institutions
from Northern encroachment and usurpation, and to vindicate their
honor and character from the ignominious imputation of abject sub-
mission to wanton outrage and insult — they will stand by their act
" at every hazard and to the last extremity." In my admiration of
their condiict I cannot but contrast their noble attitude with the
humiliating, supplicating posture of others vainly pegging upon their
knees as a gracious boon what as freemen and equals they should
demand with arms in their hands.

Upon the occasion of this most welcome and valued accession to
our cause, I rejoice that it is our privilege to hail the "Lone Star" as
one of the Southern constellation, making now our number seven.
Like the Seven Stars of the heavens, may they revolve harmoniously
in their orbit, increasing in beauty and splendor in their onward and
upward course. Unlike the fabled Pleiades of antiquity, may no one
of their number shoot madly from its sphere, unhappily doomed to
become an isolated wanderer with no fixed track until all set to rise
no more.

I have the honor to be, with sentiments of high consideration, your
most obedient servant,

J. W. A. SANFORD.

134 CORllfiSPONDtlNOE, EtC.

Confederate States of America, War Department,

Montgomery, March 8, 1861.
His Excellency Jefferson Davis,

President of Confederate States of America:
Sir: Since my eommunication of the 4th instant,* in which I had
the honor to submit the Army estimates for twelve months, the
Congress has passed an act authorizing the President to call into
the service of the Confederate States any ii'nmber of volunteers, not
exceeding 100,000. The estimates heretofore submitted by me were
based upon the bills pending before Congress and afterward passed,
and were only intended for the provisional forces and the Army.
Under these circumstances I deem it proper to call your attention to
this fact, and to suggest an additional appropriation by Congress of
$5,000,000 for the volunteer service, in the event it should become
necessary to organize such a force.

I have the honor to be, very respectfully, your obedient servant,

L. P. WALKER,
Secretary of War.

Friday, March *, 186 1.\
The convention, being in secret session, on motion of Mr. Rice, took
up the following resolution :

Resolved, That a committee of seven be appointed to examine into the condition
of the defenses of the city of Savannah and its approaches ; to inquire what addi-
tional defense, if any, may be necessary, and to report to this convention at the
earliest day.

So the resolution was earned.

* * « « If « «

Confederate States op America, War Department,

Montgomery, March 8, 1861.
His Excellency Thomas O. Moore,

Baton Rouge, La.:
Sir: I had the honor some days since to inclose to Your Excellency
a copy of an act of the Congress providing for the transfer of the
troops now in the service of your State to the Provisional Army of the
Confederate States. The third section of that act-refere to the troops
already in the service of the State governments, who must be tendered
by the respective State authorities, and also to such troops not in the
service of the States as may volunteer with the consent of the States.
Your Excellency is aware that the process of organizing the regular
Army of the Confederate States must necessarily be slow and unsatis-
factory, and wholly inadequate to the present emergencies of our
situation. Under these circumstances the main reliance of this Gov-
ernment at this time must be on the State forces now in service, and
such volunteer organizations in the respective States as may be desir-
ous of being incorporated into the Provisional Army. The President
therefore instructs me to express the hope that Your Excellency,
appreciating, as I doubt not you do, the necessity for immediate mili-
tary organizations subject to the control of this Government, will tender

*See Series I, Vol. I, p. 261. f From Journal of the G«orgria Convention.

* CONFEDERATE AUTHORITIES. 135

for the Provisional Anny thp troops now in the service of your State;
and to save the delays of special application and permission it is hoped
that Your Excellency will publish a general order that such companies,
battalions, and regiments as may be organized in your State and vol-
unteer for service in the Pi-ovisional Army may do so.

Believing that Your Excellency fully appreciates the imminent
necessity for prompt action, and trusting that these suggestions will
receive immediate consideration,*

I have the honor to be, very respectfully, your obedient servant,

L. P. WALKER,
Secretary of War.

(The same, mutatis mutandis, to the Governors of Alabama, Florida,
Georgia, and Mississippi.)

Confederate States of America, War Department,

Montgomery, March 9, 1861.
His Excellency A. B. Moore,

Montgomery, Ala.:
Sir: Under the act of Congress "to raise provisional forces for the
Confederate States," a copy of which I had the honor to inclose to you
a few days ago, this Government now needs for immediate service, at
Charleston, 3,000 troops; Fort Pulaski, 1,000 troops; Fort Morgan,
1,000 troops; Pensacola, 5,000 troops; Mississippi River, below New
Orleans, 700 troops; Texas, 1,000. I therefore request that Alabama
shall furnish for Fort Morgan 1,000 and for Pensacola 1,000 infantry,
the troops to be sent forward to those points with as little delay as
possible, and on their arrival they will be mustered into the service of
the Confederate States. If you can supply this requisition immedi-
ately without the publication of your order, it would be better to do
so, as it is advisable, as far as practicable, to keep our movements
concealed from the Government of the United States.

I have the honor to be, very respectfully, your obedient servant,

L. P. WALKER,
Secretary of War.

(The same, mutatis mutandis, to the Governors, of Florida, for 500
infantry at Pensacola; Georgia, for 1,000 infantry at Pensacola and
1,000 at Fort Pulaski; Louisiana, for 1,000 infantry at Pensacola and
700 at Forts Jackson and Saint Philip; Mississippi, for 1,500 infantry
at Pensacola. )

Saturday, March 9, 1861. \

4: sf: 4i * >¥ * *

Mr. Varnadoe offered the following preamble and resolution, which
were taken up and read :

Whereas, General David E. Twiggs, late of the U. S. Army, actuated by a sense
of duty and patriotism, and in obedience to the allegiance due his native State,
delivered upon demand to the regularly constituted authorities of the independent
State of Texas all the property of the late United States Government under his
control, and ordered its troops beyond the borders of said State :

Resolved, That this convention indorse, approve, and ratify his conduct in the
premises, and recognize in him a brave and honorable soldier and a worthy and
patriotic son of Georgia.

*For reply, see Series I, Vol. LIII, p. 636.
t From Journal of the Georgia Convention.

136 CORRESPONDENCE, ETC. *

Mr. Alexander, of Upson, offered the following amendment to the
foregoing:

Resolved, That neither General Twiggs nor Colonel Hardee require any vindica-
tion among their old friends and neighbors in Georgia. Their defense may be
fonnd written by the point of the sword upon the battle-fields of their country,
and uiK>n the scarred forms of her enemies ; yet this convention but yields to a
natural impulse when it expresses the scorn with which the people of Georgia
look upon all attempts on the part of an abolition press and a venal and fanatical
Government to tarnish their fame and to filch from them the rewards of long
lives of glorious deeds and heroic doings.

The amendment was received, and the resolution as amended was
unanimously adopted.

Mr. Wofford offered the following preamble and resolutions, which
were taken up, read, and adopted:

Whereas, under the Government of the United States, prior to the secession of
Georgia, there has been annually paid to the pensioners resident in said State a
sum of money amounting to about $23,000 :

1. Resolved, That this convention urge the Congress of the Confederate States
to make immediate provision for the payment of the pensioners resident in this
State the amounts heretofore allowed them by the Government of the United
States.

3. Resolved, That the secretary communicate the above to the Congress of the
Confederate States.

Constitution of the Confederate States of America.

We, the people of the Confederate States, each State acting in its
sovereign and independent character, in order to form a permanent
federal government, establish justice, insure domestic tranquillity,
and secure the blessings of liberty to ourselves and our posterity —
invoking the favor and guidance of Almighty God — do ordain and
establish this Constitution for the Confederate States of America.

Article I.

Section 1. All legislative powers herein delegated shall be vested
in a Congress of the Confederate States, which shall consist of a Sen-
ate and House of Representatives.

Sec. 2. 1. The House of Representatives shallr be composed of
members chosen every second year by the people of the several States;
and the electors in each State shall be citizens of the Confederate
States, and have the qualifications requisite for electors of the most
numerous branch of the State Legislature; but no person of foreign
birth, not a citizen of the Confederate States, shall be allowed to vote
for any offtcer, civil or political, State or Federal.

2. No person shall be a Representative who shall not have attained
the age of twenty-five years, and be a citizen of the Confederate
States, and who shall not, when elected, be an inhabitant of that
State in which he shall be chosen.

3. Representatives and direct taxes shall be apportioned among
the several States, which may be included within this Confederacy,
according to their respective numbers, which shall be determined by
adding to the whole number of free persons, including those bound

CONFEDEEATE AUTHORITIES. 137

to service for a term of years, and excluding Indians not taxed, three-
fifths of all slaves. The actual enumeration shall be made within
three years after the first meeting of the Congress of the Confeder-
ate States, and within every subsequent term of ten years, in such
manner as they shall by law direct. The number of Representatives
shall not exceed one for every fifty thousand, but each State shall
have at least one Representative ; and until such enumeration shall
be made, the State of South Carolina shall be entitled to clioose six;
the State of Georgia ten; the State of Alabama nine; the State of
Florida two; the State of Mississippi seven; the State of Louisiana
six; and the State of Texas six.

4. When vacancies happen in the representation from anj' State
the executive authority thereof shall issue writs of election to fill such
vacancies.

5. The House of Representatives shall choose their Speaker and
other officers; and shall have the sole power of impeachment; except
that any judicial or other Federal officer, resident and acting solely
within the limits of any State, may be impeached by a vote of two-
thirds of both branches of the Legislature thereof.

Sec. 3. 1. The Senate of the Confederate States shall be composed
of two Senators from each State, chosen for six years by the Legisla-
ture thereof, at the regular session next immediately preceding the
commencement of the term of service; and each Senator shall have
one vote.

2. Immediately after they shall be assembled, in consequence of
the first election, they shall be divided as equally as may be into three
classes. The seats of the Senators of the first class shall be vacated
at the expiration of the second year; of the second class at the expira-
tion of the fourth year; and of the third class at the expiration of the
sixth year; so that one-third may be chosen every second year; and if
vacancies happen by resignation, or otherwise, during the recess of
the Legislature of any State, the Executive thereof may make tem-
porary appointments until the next meeting of the Legislature, which
shall then fill such vacancies.

3. No person shall be a Senator who shall not have attained the
age of thirty years, and be a citizen of the Confederate States; and
who shall not, when elected, be an inhabitant of the State for which
he shall be chosen.

4. The Vice-President of the Confederate States shall be president
of the Senate, but shall have no vote unless they be equally divided.

5. The Senate shall choose their other officers ; and also a presi-
dent pro tempore in the absence of the Vice-Presiderft, or when he
shall exercise the office of President of the Confederate States.

6. The Senate shall have the sole power to try all impeachments.
When sitting for that purpose, they shall be on oath or affirmation.
When the President of the Confederate States is tried, the Chief Jus-
tice shall preside; and no person shall be convicted without the con-
currence of two-thirds of the members present.

7. Judgment in cases of impeachment shall not extend further
than to removal from office, and disqualification to hold and enjoy any
office of honor, trust, or profit under the Confederate States ; but the
party convicted shall, nevertheless, be liable and subject to indict-
ment, trial, judgment and punishment according to law.

Sec. 4. 1. The times places and manner of holding elections for
Senators and Representatives shall be prescribed in each State by the
Legislature thereof, subject to the provisions of this Constitution; but

138 CORRESPONDENCE, ETC.

the Congress may, at any time, by law, make or alter such regulations,
except as to the times and places of choosing Senators.

2. The Congress shall assemble at least once in every year; and
such meeting shall be on the first Monday in December, unless they
shaU, by law, appoint a different day.

Sec. 5. 1. Each House shall be the judge of the elections, returns,
and qualifications of its own members, and a majority of each shall
constitute a quorum to do business ; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance of
absent members, in such manner and under such penalties as each
House may provide.

2. Each House may determine the rules of its proceedings, punish
its members for disorderly behavior, and with the concurrence of
two-thirds of the whole number expel a member.

3. Each House shall keep a journal of its proceedings, and from
time to time publish the seme, excepting such parts as may in their
judgment require secrecy; and the yeas and nays of the members of
either House, on any question, shall, at the desire of one-fifth of those
present, be entered on the journal.

4. Neither House, during the session of Congress, shall, without the
consent of the other, adjourn for more than three days, nor to any
other place than that in which the two Houses shall be sitting.

Sec. 6. 1. The Senators and Representatives shall receive a com-
pensation for their services, to be ascertained by law, and paid out of
the Treasury of the Confederate States. They shall, in all cases,
except treason, felony, and breach of the peace, be privileged from
arrest during their attendance at the session of their respective Houses,
and in going to and returning from the same ; and for any speech or
debate in either House, they shall not be questioned in any other place.

2. No Senator or Representative shall, during the time for which
he was elected, be appointed to any civil office under the authority of
the Confederate States, which shall have been created, or the emolu-
ments whereof shall have been increased during such time; and no
person holding any office under the Confederate States shall be a mem-
ber of either House during his continuance in office. But Congress
may, by law, grant to the principal officer in each of the Executive
Departments a seat upon the floor of either House, with the privilege
of discussing any measures appertaining to his department.

Sec. 7. 1. All bills for raising revenue shall originate in the House
of Representatives; but the Senate may propose or concur with amend-
ments, as on other bills.

2. Every bUl which shall have passed both . Houses shall, before it
becomes a law, be presented to the President of the Confederate States;
if he approve, he shall sign it; but if not, he shall return it, with his
objections, to that House in which it shall have originated, who shall
enter the objections at large on their joiirnal, and proceed to recon-
sider it. If, after such reconsideration, two-thirds of that House shall
agree to pass- the bill, it shall be sent, together with the objections, to
the other House, by which it shall likewise be reconsidered, and if
approved by two-thirds of that House, it shall become a law. But in
all such cases, the votes of both Houses shall be determined by yeas
and nays, and the names of the persons voting for and against the bill
shall be entered on the journal of each House respectively. If any
bill shall not be returned by the President within ten days (Sundays
excepted) after it shall have been presented to him, the same shall be
a law, in like manner as if he had signed it, unless the Congress, by

CONFEDERATE AUtHORtTlftS. 139

their adjournment, prevent its return; in which case it shall not be a
law. The President may approve any appropriation and disapprove
any other appropriation in the same bill. In such case he shall, in
signing the bill, designate the appropriations disapproved; and sha?l
return a cojpyof such appropriations, with his objections, tothe House
in which the bill shall have originated ; and the same proceedings
shall t hen be had as in case of other bil Is disapproved by the President.

3. Every order, resolution or vote, to which the concurrence of both
Houses may be necessary (except on a question of adjournment) shall
be presented to the President of the Confederate States ; and before
the same shall take effect, shall be approved by him ; or being disap-
proved by him, shall be repassed by two-thirds of both Houses, accord-
ing to the rules and limitations prescribed in case of a bill.

Sec. 8. The Congress shall have power —

1. To laj' and collect taxes, duties, imposts, and excises for revenue,
necessary to pay the debts, provide for the common defense, and carry
on the Government of the Confederate States; but no bounties shall
be granted from the Treasury ; nor shall any duties or taxes on importa-
tions from foreign nations be laid to promote or foster anj' branch of
industry ; and all duties, imposts, and excises shall be uniform through-
out the Confederate States:

2. To borrow money on the credit of the Confederate States:

3. To regulate commerce with foreign nations, and among the
several States, and with the Indian tribes; but neither this, nor any
other clause contained in the Constitution, shall ever l)e construed to
delegate the power to Congress to appropriate money for any internal
improvement intended to facilitate commerce; except for the purpose
of furnishing lights, beacons, and buoys, and other aids to navigation
upon the coasts, and the improvement of, harbors and the removing
of obstructions in river navigation ; in all which cases such duties
shall be laid on the navigation facilitated thereby as maybe necessary
to pay the costs and expenses thereof :

4. To establish uniform laws of naturalization, and uniform laws
on the subject of bankruptcies, throughout the Confederate States;
but no law of Congress shall discharge any debt contracted before the
passage of the same:

5. To coin monej', regulate the value thereof and of foreign coin,
and fix the standard of weights and measures :

6. To provide for the punishment of counterfeiting the securities
and current coin of the Confederate States :

7. To establish post-offices and post-routes ; but the expenses of the
Post-Office Department, after the 1st day of March in^he year of our
Lord eighteen hundred and sixty-three, shall be paid out of its own
revenues :

8. To promote the progress of science and useful arts, by securing
for limited times to authors and inventors the exclusive right to their
respective writings and discoveries :

9. To constitute tribunals inferior to the Supreme Court:

10. To define and punish piracies and felonies committed on the
high seas, and offenses against the law of nations :

11. To declare war, grant letters of marque and reprisal, and make
rules concerning captures on land and water:

12. To raise and support armies; but no appropriation of money
to that use shall be for a longer term than two years:

13. To provide and maintain a navy :

14. To make rules for the government and regulation of the land
and naval forces:

140 COREKSPONDENCE, ETC.

15. To provide for calling forth the militia to execute the laws of
the Confederate States, suppress insurrections, and repel invasions :

16. To provide for organizing, arming, and disciplining the militia,
and for governing such part of them as may be employed in the serv-
ice of the Confederate States; reserving to the States, respectively,
the appointment of the officers, and the authority of training the
militia according to the discipline prescribed by Congress :

17. To exercise exclusive legislation, in all cases whatsoever, over
such district (not exceeding ten miles square) as may, by cession of
one or more States and the acceptance of Congress, become the seat
of the Government of the Confederate States; and to exercise like
authority over all places purchased by the consent of the Legislature
of the State in which the same shall be, for the erection of forts, mag-
azines, arsenals, dockyards, and other needful buildings: and

18. To make all laws which shall be necessary and proper for car-
rying into execution the foregoing powers, and all other powers vested
by this Constitution in the Government of the Confederate States, or
in any department or officer thereof.

Sec. 9. 1. The importation of negroes of the African race, from
any foreign country other than the slave-holding States or Territories
of the United States of America, is hereby forbidden; and Congress
is required to pass such laws as shall effectually prevent the same.

2. Congress shall also have power to prohibit the introduction of
slaves from any State not a member of, or Territory not belonging to,
this Confederacj'.

3. The privilege of the writ of .habeas corpus shall not be sus-
pended, unless when in cases of rebellion or invasion the public safety
may require it.

4. No bill of attainder, ex post facto la.w, or law denying or impair-
ing the right of property in negro slaves shall be passed.

5. No capitation or other direct tax shall be laid, unless in pro-
portion to the census or enumeration hereinbefore directed to be
taken.

6. No tax or duty shall be laid on articles exported from any State,
except by a vote of two-thirds of both Houses.

7. No preference shall be given by any regulation of commerce or
revenue to the ports of one State over those of another.

8. No money shall be drawn from the Treasury, but in consequence
of appropriations made bylaw; and a regular statement and account
of the receipts and expenditures of all public money shall be pub-
lished from time to time.

9. Congress shall appropriate no money from the Treasury except
by a vote of two-thirds of both Houses, taken by yeas and nays,
unless it be asked and estimated for by some one of the heads of
departments and submitted to Congress by the President; or for the
purpose of paying its own expenses and contingencies; or for the pay-
ment of claims against the Confederate States, the justice of which
shall have been judicially declared by a tribunal for the investigation
of claims against the Government, which it is hereby made the duty
of Congress to establish.

10. AH bills appropriating money shall specify in Federal cur-
rency the exact amount of each appropriation and the purposes for
which it is made; and Congress shall grant no extra compensation to
any public contractor, officer, agent or servant, after such contract
shall have been made or such service rendered.

CONPEDEEATE AUTHORITIES. 141

11. No title of nobility shall be granted by the Confederate States;
and no person holding any office of profit or trust under them shall,
without the consent of the Congress, accept of any present, emolu-
ment, oflSce, or title of any kind whatever, from any king, prince, or
foreign state.

12. Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people peace-
ablj' to assemble and petition the Government for a redress of griev-
ances.

, 13. A well-regulated militia being necessary to the security of a
free State, the right of the people to keep and bear arms shall not be
infringed.

14. No soldier shall, in time of peace, be quartered in any house
without the consent of the owner; nor in time of war, but in a manner
to be prescribed by law.

15. The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall
not be violated; and no warrants shall issue but upon probable cause,
supported by oath or affirmation, and particular^ describing the
place to be searched and the persons or things to be seized.

16. No person shall be held to answer for a capital or otherwise
infamous crime, unless on a presentment or indictment of a grand
jury, except in cases arising in the land or naval forces, or in the
militia, when in actual service in time of war or public danger; nor
shall any person be subject for the same offense to be twice put in
jeopardy of life or limb; nor be compelled, in any criminal case, to
be a witness against himself; nor be deprived of life, liberty, or prop-
erty without due process of law; nor shall private property be taken
for public use, without just compensation. •

17. In all criminal prosecutions the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed, which district
shall have been previously ascertained by law, and to be informed of
the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining wit-
nesses in his favor; and to have the assistance of counsel for his
defense.

18. In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preserved;
and no fact so tried by a jury shall be otherwise re-examined in any
court of the Confederacy, than according to the rules otcommon law.

19. Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.

20. Every law, or resolution having the force of law, shall relate
to but one subject, and that shall be expressed in the title.

Sec. 10. 1. No State shall enter into any treaty, alliance, or con-
federation; grant letters of marque and reprisal; coin money; make
anything but gold and silver coin a tender in payment of debts; pass
any bill of attainder, or ex post facto law, or law impairing the obliga-
tion of contracts ; or grant any title of nobility.

142 CORRESPONDENCE, ETC.

shall be for the use of the Treasury of the Confederate States; and
aU such laws shall be subject to the revision and control of Congress.
3. No State shall, without the consent of Congress, lay any duty
on tonnage, except on seagoing vessels, for the improvement of its
rivers and harbors navigated by the said vessels; but such duties shall
not conflict with any treaties of the Confederate States with foreign
nations; and any surplus revenue, thus derived, shall, after making
such improvement, be paid into the common treasury. Nor shall
any State keep troops or ships of war in time of peace, enter into any
agreement or compact with another State, or with a foreign power, or
engage in war, unless actually invaded, or in such imminent danger as
will not admit of delay. But when any river divides or flows through
two or more States they may enter into compacts with each other to
improve the navigation thereof.

Article II.

Section 1. 1. The executive power shall be vest«d in a President
of the Confederate States of America. He and the Vice-President
shaU hold their offices for the term of six years; but the President
shall not be reeligible. The President and Vice-President shall be
elected as follows :

2. Each State shall appoint, in such manner as the Legislature
thereof may direct, a number of electors equal to the whole number
of Senators and Representatives to which the State may be entitled
in the Congress; but no Senator or Representative or person holding
an office of trust or profit under the Confederate States shall be
appointed an elector.

3. The electors shall meet in their respective States and vote by
ballot for President and Vice-President, one of whom, at least, shall
not be an inhabitant of the same State with themselves; they shall
name in their ballots the person voted for as President, and in dis-
tinct ballots the person voted for as Vice-President, and they shall
make distinct lists of all persons voted for as President, and of all
persons voted for as Vice-President, and of the number of votes for
each, which lists they shall sign and certify, and transmit, sealed, to
the seat of the Government of the Confederate States, directed to the
President of the Senate; the President of the Senate shall, in the
presence of the Senate and House of Representatives, open all the
certificates, and the votes shall then be counted ; the person having
the greatest number of votes for President shall be the President, if
such number be a majority of the whole number of electors appointed;
and if no person have such majority, then from the persons having
the highest numbers, not exceeding three, on the list of those voted
for as President, the House of Representatives shall choose immedi-
ately, by ballot, the President. But in choosing the President the
votes shall be taken by States — the representation from each State
having one vote ; a quorum for this purpose shall consist of a member
or members from two-thirds of the States, and a majority of aU the
States shall be necessary to a choice. And if the House of Represent-
atives shall not choose a President, whenever the right of choice
shall devolve upon them, before the 4th day of March next following,
then the Vice-President shall act as President, as in case of the death,
or other constitutional disability of the President.

4. The person having the greatest number of votes as Vice-Presi-
dent shall be the Vice-President, if such number be a majority of

CONFEDERATE AUTHORITIES. 143

the whole number of electors appointed; and if no person have a
majority, then, from the two highest numbers on the list, the Senate
shall choose the Vice-President; a quorum for the purpose shall con-
sist of two-thirds of the whole number of Senators, and a majority of
the whole number shall be necessary to a choice.

5. But no person constitutionally ineligible to the office of Presi-
dent shall be eligible to that of Vice-President of the Confederate
States.

6. The Congress may determine the time of choosing the electors,
and the day on which they shall give their votes; which day shall be
the same throughout the Confederate States.

7. No person except a natural-born citizen of the Confederate
States, or a citizen thereof at the time of the adoption of this Consti-
tution, or a citizen thereof born in the United States prior to the 20th
of December, 1860, shall be eligible to the office of President; neither
shall any person be eligible to that office who shall not have attained
the age of thirty-five years, and been fourteen years a resident within
the limits of the Confederate States, as they may exist at the time of
his election.

8. In case of the removal of the President from office, or of his
death, resignation, or inability to discharge the powers and duties of
the said office, the same shall devolve on the Vice-President; and the
Congress may, by law, provide for the case of removal, death, resig-
nation, or inability, both of the President and Vice-President, declar-
ing what officer shall then act as President; and such officer shall act
accordingly until the disability be removed or a President shall be
elected.

9. The President shall, at stated times, receive for his services a
compensation, which shall neither be increased nor diminished during
the period for which he shall have been' elected; and he shall not
receive within that period any other emolument from the Confeder-
ate States, or any of them.

10. Before he enters on the execution of his office he shall take
the following oath or affirmation :

"I do solemnly swear (or affirm) that I will faithfully execute the
office of President of the Confederate States, and will, to the best of
my ability, preserve, protect, and defend the Constitution thereof."

Sec. 2. 1. The President shall be Commander-in-Chief of the Army
and Navy of the Confederate States, and of the militia of the several
States, when called into the actual service of the Confederate States;
he may require the opinion, in writing, of the principal ofiicer in each
of the Executive Departments, upon any subject relatiug to the duties
of their respective offices; and he shall have power to grant reprieves
and pardons for offenses against the Confederate States, except in
cases of impeachment.

2. He shall have power, by and with the advice and consent of
the Senate, to make treaties; provided two-thirds of the Senators
present concur; and he shall nominate, and by and with the advice
and consent of the Senate, shall appoint ambassadors, other public
ministers and consuls, judges of the Supreme Court, and all other
officers of the Confederate States whose appointments are not herein
otherwise provided for, and which shall be established by law; but
the Congress may, by law, vest the appointment of such inferior offi-
cers, as they think proper, in the President alone, in the courts of law,
or in the heads of departments.

144 CORRESPONDENCE, ETC.

3. The principal officer in each of the Executive Departments, and
all persons connected with the diplomatic service, may be removed
from office at the pleasure of the President. All other civil officers of
the Executive Departments may be removed at any time by the Presi-
dent, or other appointing power, when their services are unnecessary,
or for dishonesty, incapacity, inefficiency, misconduct, or neglect of
duty; and when so removed, the removal shall be reported to the
Senate, together with the reasons therefor.

4. The President shall have power to fill all vacancies that may
happen during the recess of the Senate, by granting commissions which
shall expire at the end of their next session ; but no person rejected
by the Senate shall be reappointed to the same office during their
ensuing recess.

Sec. 3. 1. The President shall, from time to time, give to the Con-
gress information of the state of the Confederacy, and recommend to
their consideration such measures as he shall judge necessary and
expedient; he may, on extraordinary occasions, convene both Houses,
or either of them ; and in case of disagreement between them, with
respect to the time of adjournment, he may adjourn them to such time
as he shall think proper; he shall receive ambassadors and other
public ministers; he shall take care that the laws be faithfully executed,
and shall commission all the officers of the Confederate States.

Sec. 4. 1. The President, Vice-President, and all civil officers of
the Confederate States, shall be removed from office on impeachment,
for and conviction of treason, bribery, or other high crimes and mis-
demeanors.

Article III.

Section l. l. The judicial power of the Confederate States shall
be vested in one Supreme Court, and in such inferior courts as the
Congress may, from time to time, ordain and establish. The judges,
both of the Supreme and inferior courts, shall hold their offices dur-
ing good behavior, and shall, at stated times, receive for their serv-
ices a compensation which shall not be diminished during their con-
tinuance in office.

Sec. 2. 1. The judicial power shall extend to all cases arising under
this Constitution, the laws of the Confederate States, and treaties
made, or which shall be made, under their authority; to all cases
affecting ambassadors, other public ministers and consuls; to all
cases of admiralty and maritime jurisdiction ; to controversies to which
the Confederate States shall be a party; to controversies between two
or more States; between a State and citizens of another State, where
the State is plaintiff; between citizens claiming lands under grants of
different States; and between a State or the citizens thereof, and for-
eign states, citizens, or subjects; but no State shall be sued by a citi-
zen or subject of any foreign state.

2. In all cases affecting ambassadors, other public ministers and
consuls, and those in which a State shall be a party, the Supreme
Court shall have original jurisdiction. In all the other cases before
mentioned, the Supreme Court shall have appellate jurisdiction both
as to law and fact, with such exceptions and under such regulations
as the Congress shall make.

3. The trial of all crimes, except in cases of impeachment, shall be
by jury, and such trial shall be held in the State where the said crimes
shall have been committed; but when not committed within any State,

CONFEDERATE AUTHORITIES. 145

the trial shall be at such place or places as the Congress may by law
have directed.

Sec. 3. 1. Treason against the Confederate States shall consist
only in levying war against them, or in adhering to their enemies,
giving them aid and comfort. No person shall be convicted of treason
unless on the testimony of two witnesses to the same overt act, or on
confession in open court.

2. The Congress shall have power to declare the punishment of
treason; but no attainder of treason shall work corruption of blood,
or forfeiture, except during the life of the person attainted.

Article IV.

Section. 1. 1. Full faith and credit shall be given in each State to
the public acts, records, and judicial proceedings of every other State ;
and the Congress may, by general laws, prescribe the manner in which
such acts, records, and proceedings shall be proved, and the effect
thereof.

Sec. 2. 1. The citizens of each State shall be entitled to all the
privileges and immunities of citizens in the several States; and shall
have the right of transit and sojourn in any State of this Confed-
eracy, with their slaves and other property; and the right of property
in said slaves shall not be thereby impaired.

2. A person charged in any State with treason, felony, or other
crime against the laws of such State, who shall flee from justice, and
be found in another State, shall, on demand of the executive author-
ity of the State from which he fled, be delivered up, to be removed to
the State having jurisdiction of the crime.

3. No slave or other person held to service or labor in any State or
Territory of the Confederate States, under the laws thereof, escaping
or lawfuUj' carried into another, shall, in consequence of any law or
regulation therein, be discharged from such service or labor; but shall
be delivered up on claim of the party to whom such slave belongs, or
to whom such service or labor may be due.

Sec. 3. 1. Other States may be admitted into this Confederacy by
a vote of two-thirds of the whole House of Representatives and two-
thirds of the Senate, the Senate voting by States; but no new State
shall be formed or erected within the jurisdiction of any other State,
nor any State be formed by the junction of two or more States, or
parts of States, without the consent of the Legislatures of the States
concerned, as well as of the Congress.

2. The Congress shall have power to dispose of and make all need-
ful rules and regulations concerning the property of the Confederate
States, including the lands thereof.

3. The Confederate States may acquire new territorj'^; and Con-
gress shall have power to legislate and provide governments for the
inhabitants of all territory belonging to the Confederate States, lying
without the limits of the several States; and may permit them, at such
times, and in such manner as it may by law provide, to form States to
be admitted into the Confederacy. In all such territory the institu-
tion of negro slavery, as it now exists in the Confederate States, shall
be recognized and protected by Congress and by the Territorial gov-
ernment; and the inhabitants of the several Confederate States and
Territories shall have the right to take to such Temtory any slaves
lawfully held by them in any of the States or Territories of the Con-
federate States.

10 R R — series IV, VOL I

146 COREESPONDENCE, ETC.

4. The Confederate States shall guarantee to every State that now
is, or hereafter may become, a member of this Confederacy, a repub-
lican form of government ; and shall protect each ol' them against inva-
sion; and on application of the Legislature (or of the Executive when
the Legislature is not in session) against domestic violence.

Article V.

Section 1. 1. Upon the demand of any three States, legally assem-
bled in their several conventions, the Congress shall summon a con-
vention of all the States, to take into consideration such amendments
to the Constitution as the said States shall concur in suggesting at the
time when the said demand is made; and should any of the proposed
amendments to the Constitution be agreed on by the said convention —
voting by States — and the same be ratified by the Legislatures of two-
thirds of the several States, or by conventions in two-thirds thereof —
as the one or the other mode of ratification may be proposed by the
general convention — they shall thenceforward form a part of this Con-
stitution. But no State shall, without its consent, be deprived of its
equal representation in the Senate.

Article VI.

1. The Government established by this Constitution is the succes-
sor of the Provisional Government of the Confederate States of Amer-
ica, and all the laws passed by the latter shall continue in force until
the same shall be repealed or modified; and all the officers appointed
by the same shall remain in office until their successors are appointed
and qualified, or the offices abolished.

2. All debts contracted and engagements entered into before the
adoption of this Constitution shall be as valid against the Confederate
States under this Constitution, as under the Provisional Government.

3. This Constitution, and the laws of the Confederate States made
in pursuance thereof, and all treaties made, or which shall be made,
under the authority of the Confederate States, sha)l be the supreme
law of the land; and the judges in every State shall be bound thereby,
anything in the constitution or laws of any State to the contrary
notwithstanding.

4. The Senators and Representatives before mentioned, and the
members of the several State Legislatures, and all executive and judi-
cial officers, both of the Confederate States and of the several States,
shall be bound by oath or affirmation to support this Constitution; but
no religious test shall ever be required as a qualification to any office
or public trust under the Confederate States. "

5. The enumeration, in the Constitution, of certain rights shall not
be construed to deny or disparage others retained by the people of the
several States.

6. The powers not delegated to the Confederate States by the Con-
stitution, nor prohibited by it to the States, are reserved to the States,
respectively, or to the people thereof.

Article VII.

1. The ratification of the conventions of five States shall be suffi-
cient for the establishment of this Constitution between the States so
ratifying the same.

2. When five States shall have ratified this Constitution, in the
manner before specified, the Congress under the Provisional Consti-

CONFEDERATE AUTHORITIES. 147

tution shall prescribe the time for holding the election of President
and Vice-President; and for the meeting of the Electoral College ; and
for counting the votes, and inaugurating the President. They shall,
also, prescribe the time for holding the first election of members of
Congress under this Constitution, and the time for assembling the same.
Until the assembling of such Congress, the Congress under the Pro-
visional Constitution shall continue to exercise the legislative powers
granted them; not extending beyond the time limited by the Consti-
tution of the Provisional Government.

Adopted unanimously by the Congress of the Confederate States of
South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana
and Texas, sitting in convention at the capitol, in the city of Mont-
gomery, Ala., on the eleventh day of March, in the year eighteen hun-
dred and sixty-one.

HOWELL COBB,
President of the Congress.

South Carolina: R. Barnwell Rhett, C. G. Memminger,
Wm. Porcher Miles, James Chesnut, jr., R. W. Barn-
well, "William W. Boyce, Lawrence M. Keitt, T. J.
Withers.

Georgia: Francis S. Bartow, Martin J. Crawford, Benja-
min H. Hill, Thos. R. R. Cobb.

Florida: Jackson Morton, J. Patton Anderson, Jas. B.
Owens.

Alabama: Richard W. Walker, Robt. H. Smith, Colin J.
McRae, William P. Chilton, Stephen F. Hale, David P.
Lewis, Tho. Fearn, Jno. Gill Shorter, J. L. M. Curry.

Mississippi: Alex. M. Clayton, James T. Harrison, William
S. Barry, W. S. Wilson, Walker Brooke, W. P. Harris,
J. A. P. Campbell.

Louisiana : Alex, de Clouet, C. M. Conrad, Duncan F. Ken-
ner, Henry Marshall.

Texas : John Hemphill, Thomas N. Waul, John H. Reagan,
Williamson S. Oldham, Louis T. Wigfall, John Gregg,
William Beck Ochiltree.

AN ACT making appropriations for the support of 3,000 men for twelve months,
to be called into service at Charleston, S. C, under the third and fourth sec-
tions of an act of the Congress "To raise provisional forces for the Confederate
States of America, and for other purposes."

The Ccmgress of the Confederate States of America do enact, That
the following appropriations be made for the support of the pro-
visional troops called into service by the act aforesaid: Pay of the
troops, $658,680; forage for officers' horses and quartermasters' ani-
mals, and cavalry horses, $20,662; subsistence for troops, $270,000;
clothing for the troops, $200,000; camp and garrison equipage,
$18,267.72; supplies for the Quartermaster's Department, $76,160; fuel
for troops and hospitals, $59,997; Medical and Hospital Department,
$20,000.

Sec. 2. And be it further enacted, That, the additional sum of
$860,228.45 is hereby appropriated for the support of 2,000 additional
troops to be called into the service of the Confederate States for
twelve months, at Charleston, S. C. , whenever in the discretion of the
President their services may be required.

Approved March 11, 1861.

148 COEBESPONDENCE, ETC.

AN ACT making appropriations for the support of the Beg^nlar Army of the Con-
federate States of America for twelve months, and for other purposes.

The Congress of the Confederate States of America do enact, That
the following appropriations are made for the support of the Regular
Army for twelve months, viz: For expenses of recruiting and for
transportation of recruits, $192,500; pay of the Army, $2,070,484;
forage for ofi&cers' horses and for cavalry and light artillery horses,
$107,200; subsistence for troops, $912,500; clothing for the Army,
$648,780; camp and garrison equipage, $60,000; supplies for the
Quartermaster's Department, consisting of fuel for the offtcers, enlisted
men, guards, hospitals, store-houses, and offices; of forage in kind for
the horses, mules, and oxen of the Quartermaster's Department, at the
several posts and stations and with the armies in the field; of postage
on letters and packets received and sent by officers of the Army on
public service; expenses of courts-martial and courts of inquiry,
including the additional compensation of judge-advocates, recorders,
members and witnesses, while in that service ; extra pay to soldiers
employed under the direction of the Quartermaster's Department in
the erection of barracks, quarters, store-houses, and hospitals, for
constant labor for periods of not less than ten days, including those
employed as clerks ; expense of interment of officers killed in action,
or who die when on duty in the field, or at the posts on the frontiers,
and of non-commissioned officers and soldiers; authorized office fur-
niture; hire of laborers in the Quartermaster's Department; compen-
sation of clerks of the officers of the Quartermaster's Department;
for the apprehension of deserters and the expenses incident to their
pursuit; for the following expenses required for the regiment of cav-
alry and for the four batteries of light artillery, namely, the purchase
of traveling forges, blacksmith's and shoeing tools, horse and mule
shoes and nails, iron and steel for shoeing; medicine for horses and
mules; picket ropes, and for shoeing the horses of the corps named,
$353,956. For constructing barracks and other buildings at posts
which it may be necessary to occupy during the year, and for repair-
ing, altering, and enlarging buildings at the established posts, including
hire or commutation of quarters for officers on military duty, hire of
quartei-s for troops, of store-houses for the safe-keeping of military
stores, and of grounds for summer cantonments and for temporary fron-
tier stations, for commutation of forage for officers' horses when it can-
not be drawn in kind, $350,000; for mileage, or the allowance made to
officers of the Army for the transportation of themselves and their bag-
gage when traveling on duty without troops, escorts, or supplies,
$35,000 : Provided, That mileage shall not be allowed wlfen the officer has
been transferred or relieved at his own request. For transportation
of the Army, including the baggage of the troops when moving either
by land or water, of horse equipments, and of subsistence, from the
places of purchase, and from the places of delivery under contract to
such places as the circumstances of the service may require them to
be sent, of ordnance, ordnance stores, and small-arms, freights,
wharfage, tolls, and ferriages, hire of horses, mules, and oxen, and
the purchase and repair of wagons, carts, and drays, and of ships and
other sea-going vessels required for the transportation of supplies
and for garrison purposes, for drayage and cartage at the several
posts, hire of teamsters, transportation of funds for the disbursing
departments, the expense of public transports on the various rivers,
the Gulf of Mexico, and the Atlantic, $650,000; for tiie purchase of
horses for the regiment of cavalry and four batteries of light artillery,

CONFEDERATE AUTHORITIES. 149

$163,200; contingencies of the Army, $15,000; for the medical and
hospital departments, $75,000; contingencies of the Adjutant-General's
Department, $600; armament of fortifications and purchase of light
artillery, $260,000; purchase, manufacture, and alteration of small-
arms, $450,000; for ordnance, ordnance stores, and supplies, includ-
ing horse equipments for the regiment of cavalry and for light
batteries, $199,540.

Sec. 2. And be itfwriher enacted. That the Secretary of War, under
the direction of the President, be, and he is hereby, authorized to
apply any portion of the appropriations made by this act to the sup-
port of the provisional forces which may be called into service, when-
ever in his opinion the same may be necessary.

Approved March 11, 1861.

AN ACT makiiig appTopriations to carry out the provisions of "An act to
provide for the public defense."

The Congress of the Confederate States of America do enact, That
to enable the President to carry into effect the provisions oi the act
of the Congress of the Confederate States entitled "An act to pro-
vide for the public defense," and to provide for the pay, subsistence,
and transportation of such volunteer forces as may be called into
service by authority of the said act, the sum of $5,000,000, or as much
thereof as may be necessarj', be, and the same is hereby, appropriated
from any moneys in the Treasury not otherwise appropriated.

Approved March 12, 1861.

Indorsement of the election of the President and Vice-President of
the Confederate States.*

Resolved, That the election of Jefferson Davis, President, and
Alexander H. Stephens, as Vice-President, of the Provisional Govern-
ment of the Confederate States of America meets with the approval
of this convention, and the same is hereby fully ratified by the people
of Alabama.

Savannah, March 12, 1861.
Hon. L. P. Walker,

Secretary of War:
I will furnish you two regiments of 1,000 each as soon as they can
possibly be organized.

JOSEPH E. BROWN.

Savannah, Ga., March 12, 1861.
Hon. L. P. Walker,

Secretary of War, Montgomery, Ala.:
Sir: I have had the honor to receive your telegram to me at Mil-
ledgeville, which has been forwarded to me at this place, asking for
2,000 men for the service of the Confederate States; also your letter

•From Journal of the Alabama Convention, March 12, 1861.

150 CORRESPONDENCE, ETC.

upon the subject of the organization of the Army. I am disposed to
do all in my power to facilitate the action of the Government of the
Confederate States in its preparation for the common defense. As
the Georgia convention instructed me to raise two regiments of regu-
lars for the service, which were expected to be turned over to the
common Government, I have desired to know their status before
taking further action to raise troops. I have appointed the officers for
the two regiments and they are now actively engaged enlisting soldiers.
There are about 200 enlisted for one regiment and 250 for the other,
and recruits are coming in daily. I desire to know whether you will
accept these regiments with all the officers appointed by me and will
receive the men now enlisted as part of the 2,000 required, and per-
mit the officers not necessary to the immediate command of the num-
ber of men now in the regiments to continue to enlist in Georgia till
the regiments are full, when the whole will remain in the service of
the Confederate States during the term of their enlistment at least.
I cannot, in justice to the privates who have enlisted, tender the
regiments unless they are received with the officers which I have
appointed, as the recruits have nearly all been obtained by the officers
appointed from civil life, with the understanding that they are to go
under them. May I ask to be informed, plainly and explicitly, of
the terms on which the regiments will be received, and whether they
will now be received, as far as enlisted, as part of the 2,000 men now
called for? The regiments could, I think, soon be filled by the
recruiting officers in the State, and the officers will inform you that
they are excellent, able-bodied recruits. If you accept them upon
the terms above mentioned they are now at your service and subject
to your order. For the present I do not desire to publish a general
order of the character mentioned in your letter.

I am, very respectfully, your obedient servant,

JOSEPH E. BROWN.

AN ORDINANCE to ratify and adopt the CJonatitution of the Confederate

States of America.

Be it ordained by the people of Alabama in convention assembled,
That the Constitution framed and adopted on the 11th day of March,
1861, by the deputies from the States of South Carolina, Georgia,
Florida, Alabama, Mississippi, Louisiana, and Texas, in convention
assembled at Montgomery, Ala. , be, and the same is hereby, approved,
ratified, and adopted as the Federal Constitution for the people of
Alabama.

Done in convention on the 13th day of March, 1861.

WILLIAM M. BROOKS,

President of the Convention.
A. G. HORN,

Secretary of the Convention.

I, P. H. Brittan, secretary of state of the State of Alabama, hereby
certify that the above is a true copy of an ordinance entitled "An
ordinance to ratify and adopt the Constitution of the Confederate
States of America," as taken from the original now on file in my
office.

In testimony whereof I have hereunto set my hand and affixed the
great seal of the State at Montgomery, Ala., this the 1st day of June,

CONPEDEEATE AUTHORITIES. 151

A. p. 1861, and of the Independence of the Confederate States of
America the" first year.

P. H. BRITTAN,

Secretary of State.

Savannah, March IS, 1861.
Hon. G. W. Crawford,

President, &c.:

Sir: Under your appointment of myself as commissioner to Mary-
land, I visited that State on the 18th ultimo and found in session on
that day, in the city of Baltimore, a convention of her people assem-
bled to take advisory action upon the condition of the country.

This convention, I learned, was not a legally constituted body,
authorized to take definite and binding action, but was a voluntary
assemblage of the people, which had no power to commit their State
to any line of policy. I did not, therefore, feel authorized under the
ordinance of your body prescribing the duties of your commissioner
to lay before them the action of our State, or to hold any intercourse
with them of an official character. I visited the convention, unoflft-
cially, and, being invited to a seat on their floor, attended the meet-
ings of the same during the two days of their session. I found the
members of that convention, comprising, as it did, a number of the
best men and highest talent of the State, while they thought the
cotton States had acted with undue haste and precipitancy, almost
unanimous for resistance to Black Republican rule, and determined
to co-operate with the seceding States in the event that Virginia
should determine to withdraw from the Federal Government. The
situation of Maryland geographically is such that, however mortify-
ing it may be to her gallant sons, she is compelled to direct her action
in concert with Virginia, that State and North Carolina lying imme-
diately between her and the cotton States.

The convention, after a session of two days, adjourned to reassem-
ble on the 12th instant, unless in the interval Virginia should take
decided action, in which event they were to immediately reassemble
for binding and definite action. Before adjourning, however, that
body passed the following resolutions :

The committee on resolutions, througli their chairman, Hon. Robert McLane,
submitted to the convention the following resolutions :

" Whereas, it is the opinion of this meeting that in the present alarming crisis
in the history of our country it is desirable that the State of Maryland should be
represented by judicious, intelligent, and patriotic agents, fuUy authorized to
confer and act with our sister States of the South, and particularly with the
State of Virginia ;

"And whereas, such authority can be conferred solely by a convention of the
people of the State ;

"And whereas, in the opinion of the meeting, the Legislature not being in
session, a full and fair expression of the popular will is most likely to be heard
by a convention called by a recommendation of the Executive ;

"And whereas, it is alleged that the Governor now has it in contemplation to
recommend by proclamation such a movement in the event of a failure by the
Peace Conference and Congress to effect any satisfactory solution of the vexed
question now agitating the country : Be it therefore

"Resolved, That we shall approach such a proceeding on the part of the Gov-
ernor, and add the voice of this convention to urge the voters of this State in
regard such proclamation. And with a view to allow time for the action of the
Governor in the matter, the convention will adjourn until the 12th day of March
next, unless intermediately the State of Virginia should by her sovereign con-
vention secede from the Union ; in which event, and in case the Governor of the

152 CORRESPONDENCE, ETC.

State shall not have then called a sovereign convention of the people of this
State, this convention shall at once assemble at the call of the president, with a
view of recommending to the i)eople of this State the election of delegates to such
a sovereign convention.

"■ Resolved further, As the sense of this convention that the secession of the
several slave-holding States from the Federal Union was induced by the agres-
sion of the non-slave-holding States, in violation of the Constitution of the United
States.

" Resolved further. That the moral and material interest and the geographical
position of this State demand that it should act with Virginia in tms crisis,
"co-operating with that State in all honorable efforts to maintain and defend the
constitutional rights of its citizens in the Union, and failing in that, to associate
with her in confederation with our sister States of the Union.

"Resolved further, That the honor of this State requires that it should not per-
mit its soil to be made a highway for Federal troops .sent to make war upon our
sister States of the South, and it is the opinion of this convention that an attempt
on the part of the Federal Gtovemment to coerce the States which have seceded
would necessarily result in civU war and the destruction of the Government
itself."

On the 25th of February I visited for the third time Annapolis, the
seat of government (having failed, while there on a former visit on
the 21st, to meet the Executive), and waited upon Governor Hicks,
and after a personal interview and pretty free interchange of opinion
with His Excellency, I handed to him the ordinance of secession -with
which I was intrusted, and also a written communication in which I
endeavored to justify and explain the action of the State of Greorgia;
and attempted to show that the material interests of Maryland would
be greatly promoted and advanced by her co-operation with the
seceding States. To this communication (copy of which is hereto
attached) I have received no reply, although, upon a suggestion of
Governor Hicks that he would favor me with a reply at his earliest
convenience, I waited for two days to receive such communication as
he should be pleased to make to yoiir body.

In the absence of any written reply to my note of the 25th ultimo I
can only give to your honorable body the result of the personal inter-
view I had with the Governor, and I regret to say that I found him
not only opposed to the secession of Maryland from the Federal
Union, but that if she should withdraw from the Union he advised
and would urge her to confederate with the Middle States in the for-
mation of a central confederacy. He also informed me that he had
already, in his ofl&cial character, entered into a correspondence with
the Governors of those States, including New York, Pennsylvania,
New Jersey, Delaware, Virginia, Missouri, and Ohio, with a Ariew, in
the event of an ultimate disruption of the Federal Union, to the
establishment of such central confederacy. • He tlfought our action
hasty, ill-advised, and not justified by the action of which we com-
plain, and that we were attempting to coerce Maryland to follow
our example ; that he had great confidence in the Peace Conference
then in session in Washington, and had assurances that that body
would agree upon a plan of adjustment that would be entirely accept-
able to Maryland ; that the proposition before the conference known
as the Guthrie plan was a fair and proi)er basis of compromise and
settlement. He also informed me in the course of our Interview, and
in answer to a direct inquiry from me on that point, that in the event
of the Federal Government's attempting to coerce the seceding States
he would interpose no objection to the marching or transporting
of troops through his State and their embarkation at Baltimore by
the Federal Government for that purpose; that as Chief Magistrate
of the State he had no power to prevent it, as it would not be an

CONFEDERATE AUTHORITIES. 153

invasion of his State, and that he would not convene the Legislature
under such circumstances that they might take action in the premises.
These opinions and views of the Governor I have reasons to believe
are not entertained by a majority of the people of Maryland. Indeed,
I have no doubt that the people there would spontaneously rise en
masse and resist the invadere, though it encrimsoned their soil with
the best blood of the State. The people, then, in my humble judg-
ment, are true to the memories of the past. They are a gallant,
patriotic, and brave people, whose feelings and sympathies are warmly
enlisted in our cause, and although some of them do entertain the
opinion that we have, perhaps, acted precipitately, they acknowledge
that our action is fully justified by the events of the past, and declare
their determination to assist us, if need be, in sustaining our inde-
I)endence. It is greatly to be regretted that such a gallant people
should be prevented by their own officials, however high they may be,
from giving an authoritative expression of their conviction, and of
taking such action as in their judgment the affairs of the country
demand. Without the consent of Governor Hicks neither the Legis-
lature nor an authorized convention can be assembled, and I have no
hesitancy in stating that he will never convene either. If Virginia
shall withdraw from the Union the people of Maryland will, in the
shortest possible period of time, assume the responsibility, assemble
in spontaneous convention, and unite their destinies with the Con-
federate States of the South.

In conclusion I would respectfully add that this communication
would have been made at an earlier day but that I waited, hoping to
receive an answer from Governor Hicks, before I laid before your
body the result of my mission.

I have the honor to be, very resi)ectfully, your obedient servant,

A. R. WRIGHT.

[Inclosnre.]

Annapolis, Md., February 26, 1861.

His Excellency Thomas H. Hicks,

Governor, &c.:

Sir: I have the honor herewith to inclose to Your Excellency a copy
of "an ordinance to dissolve the union between the State of Georgia
and other States, under a compact of Government entitled ' The Consti-
tution of the United States of America,' "* passed by the people of
Georgia in convention recently assembled at the capitol in Milledge-
ville; also a copy of an ordinance passed by the same body for the
appointment of commissioners to each of the non-seceded slave-hold-
ing States, t together with my appointment as the commissioner of
Georgia to the State of Maryland.

The ordinance creating the office I have the honor to hold makes it
a part of my duty to urge upon the State of Maryland the policy of
withdrawal, or secession, from the power known as the United States,
and co-operation with the State of Georgia and other independent
Southern States in the formation of a new confederation and union,
for the mutual defense, protection, and welfare of the Southern
States, and for the promotion of the happiness of their citizens.

The people of Georgia have labored for years past with anxious
solicitude for the preservation of the Federal Union, and have made

•See January 19, p. 70.

t See ordinance of January 18, section 7, p. 57.

154 CORRESPONDENCE, ETC.

many sacrifices, both of rights and of honor, to avoid the dire neces-
sity of resistance to Federal encroachments and Northern insults and
injuries. This pacific and yielding policy of her people has been re-
ceived at the North as merely increasing evidence of our weakness
and utter dependence upon the Federal Union for protection and
happiness.

It cannot be denied that for more than thirty years the Northern
people have been waging a violent, inflammatory, and wholly unjus-
tifiable war upon the institution of domestic slavery as it exists in the
Southern States — an institution which underlies our whole social sys-
tem, and upon the perpetuity of which depends in a large degree the
wealth, prosperity, and general welfare of the entire South.

First commencing their attacks upon slavery in the States, they con-
tinued their assaults until the united South, assisted by a large and
respectable portion of the people of the non-slave-holding States, with
common intent, met at the ballot boxes of the country and over-
whelmed them with defeat and shame. The old Abolitionist party
proper never commanded the respect nor received the support of any
considerable number of the Northern people ; and hence their attacks,
although highly insulting and highly aggravating in their character,
and clearly violative of their constitutional obligations, were harm-
less, except so far as they tended to inflame the passions, arouse the
jealousies, and excite the hatred of the Southern mind.

The people of Georgia, while they have ever abhorred the canting
philanthropy and the religious intolerance and treasonable machina-
tions of the Abolitionists, have heretofore cherished a kindly and fra-
ternal regard, and on all suitable occasions have manifested a warm
and cordial appreciation, of the intelligence, virtue, and patriotism of
the great body of the Northern people who have in the past so nobly
breasted the popular clamor and blind fanaticism of their own sec-
tion in defense of the constitutional rights of the South.

The increase of our public domain acquired by our contest with
Mexico — a contest in which, without disparagement to any, it may be
said that the South contributed as much of men and of means, and
shared as much of the common glory won upon those ensanguined
battle-fields, as any other portion of the Confederacy — gave birth to
new organization, which sprang from the dead body of Abolitionism,
having for its avowed object the preservation of this acquisition from
what they were pleased to term the "blasting effects of involuntary
servitude."

Disappointed office hunters, ambitious politicians, and corrupt
demagogues found here a common ground from wWch to make their
assaults upon the Constitution and the Union, and by which they
were borne into importance and power. The result of the recent
Presidential election has shown but too well the sagacity of their
movement and the success of their organization, had we not been
already convinced of their power — and their power for harm — by
their absolute control of the State governments of the entire anti-
slavery portion of the Confederacy. Contemporaneous with the suc-
cess of this corrupt and treasonable organization has been the melt-
ing away of the old conservative element there, until it has ceased to
be able to make itself potent for the preservation of our constitu-
tional rights.

It is hardly necessary that I should attempt to enumerate the
several acts of this new organization, for "they are read and known
of all men," which have impelled the people of Georgia to the extreme

CONFEDERATE AUTHORITIES. 155

measure of a total dissolution of the bonds by which they were joined
and confederated with the States of the North in a common Govern-
ment. They have passed laws insulting and oppressive to us, and in
open violation of the express letter of the Constitution; they have
sought by acts of the Federal Congress to deprive us of all right to
participation in the settlement of our common Territories ; they have
set on foot and organized emigrant-aid societies for the purpose of
sending foreign and pauper immigrants into the Territories of the
Union to crush out and prevent immigration to those Territories from
the Southern States; they have enticed from service our slaves, and
refused, though the demand was made upon a clear and indisputable
provision of the Constitution, to deliver them up to the lawful pos-
session of their owners; they have with force and violence rescued
our slaves from the possession of their masters who have been, with
their families, temporarily sojourning in the Northern States; they
have unlawfully torn from Southerners who have been forced by
stress of weather to touch at their ports their entire property in
domestic slaves, and their courts of justice (so called) have sustained
them in the robbery; they have attempted by inflammatory and
incendiary appeals made through the public presses to incite our
slaves to rebellion and insurrection; they have refused to render up
for trial fugitives from justice flying from crimes committed at the
South whenever the crimes with which they were charged were com-
mitted in relation to slavery, although the Federal Constitution
declares it their duty so to deliver them up ; they have invaded the
soil of a sister Southern State with an armed force for the purpose of
exciting insurrection, and have murdered in cold blood her quiet
citizens ; they have refused to deliver up for trial individuals charged
with being accessory before the fact to such invasion, insurrection,
and murder; they have, in their State Legislatures, passed laws
making it felony, and punishable with imprisonment for terms
extending from two to fifteen years, for a master to assert upon their
soil his rights to a fugitive slave ; and finally, they have, by a com-
bination of all the elements of antagonism to Southern institutions in
the non-slave-holding States, succeeded recently in the election of
Abraham Lincoln to the Presidency of the United States upon a plat-
form of principles alike sectional in their character and dangerous to
the peace, welfare, and domestic tranquillity of the slave-holding
States.

With these startling facts before our eyes, what reasonable hope
can be entertained that the Northern mind will undergo a change —
will yield its prejudices ? Can it be expected that a partjr which has
been so long struggling for power upon an issue so interwoven with
their religious fanaticism will, in the full flush of their first and most
decided victory, renounce the principles and deny the faith which
has alone secured them place and power? They know but too well
that utter ruin and disgrace at home would follow close upon any
adjustment or compromise which they might make that would be
satisfactory to the South. The long-gathering and destructive polit-
ical storm which has recently swept the North from Maine to Minne-
sota is but an earnest of the deep hatred and determined hostility
of their people to our institutions. And now that the first shock of
the tornado has been received, and its fury spent upon our heads, is
there yet discernible any indication of returning calm and quiet?
Who has been able up to this moment to discern a single ray of hope
in the dark and lowering Northern horizon? What dove of promise

156 CORRESPONDENCE, ETC.

has discovered the "dryland and the olive branch" in that great sea
of intolerance and hatred ?

The very existence of the Republican party is depending upon their
firm and unwavering determination to enforce by all possible means
the policy of crushing out African slavery in all its conditions and in
all its strongholds. The irrepressible conflict with them is j ust begun.
Their mission is to annihilate slavery from the American continent
and to know no diminution of their labor until that object is accom-
plished. Do the Northern people intend to retrace their steps ? Then
why, as State after State has fallen from the Union, as star after star
has been blotted from their flag, have they not long ere this given us
an earnest of their desire for conciliation and compromise ?

With a commanding majority in both branches of the National
Legislature, the Northern States have failed and refused to take any
action which would lead to the least surrender of their treasonable
designs or afford the slightest encouragement to the Southern mind of
their willingness to perform in good faith their constitutional obliga-
tions. Weeks and months have been passed in the Federal capital
by the representatives of the Nation, and not a single indication of
returning wisdom has been given to our people. And while the whole
powers of the Federal Government have been taxed to their utmost
limits in efforts to intimidate and coerce the Southern people, the
subject of their grievances has been kept buried in the committee
rooms of both Houses of Congress, while day after day have our rep-
resentatives urged — nay, implored — immediate and pacific action.
The Executive at Washington, as the stoi-m gathered close and thick
around him, has discarded his long-tried and faithful advisers and
has called to the supreme control of affairs, both civil and military, a
disappointed, ambitious military chieftain, whose only merit for such
a trust is his partiality for soup arid slaughter and his hatred of
Southerners and slavery.

And even now, when seven sovereign States have withdrawn from
all connection with the Federal Government, when the entire South is
alarmed and irritated by the success of the Republicans, they attempt
to aUay their fears and quiet their apprehensions by a display of
military force at and around Washington and the adjoining States
of Maryland and Virginia, wholly incompatible with the safety of
those States and utterly destructive to their liberties. These are the
overtures of peace extended to us by the Northern Federal Govern-
ment— Scott and scorpions, cannon and cartridge.

But could the South in safety again rely upon the pledges of the
North were they in the possibility of events to be-offered anew to us ?
What paper writing more solemn, what instrument so sacred, what
compact so clear, what compromise so just as the Constitution of the
United States? Yet they have violated its spirit, broken its letter,
and destroyed its vitality. By what bonds can such a people be held ?
They ignore the Bible, violate oaths, nullify the laws, and pharisaic-
ally call upon Jehovah to guide and support them in their iufamous
course. These are a few only of a long series of acts of hostility to
the institutions of her people that have forced the State of Georgia
to dissolve forever her connection with the Federal Government and to
declare herself what of right she is, and ought to be, a free, sovereign,
and independent State.

Georgia feels that she has not alone suffered wrong and injustice
from the Northern States. Neither is it her individual wrong only
which has caused her recent action. She feels intensely the wrongs

CONFEDERATE AUTHORITIES. 157

done and injuries inflicted upon her sister Southern States, and while
it is true that her people have perhaps suffered less in some respects
than the people of Maryland and the entire border Southern States,
she no less makes their wrongs her wrongs and their cause her cause,
and is prepared to take common action with her sister States for the
preservation of their common liberties and the defense of their common
rights at all hazards and to the last extremity.

The right of Georgia to secede from the Federal Union for existing
causes she does not admit to be a debatable question. As a sovereign
State she threw off her allegiance to Great Britain in 1776. As a
sovereign independent State, in 1788, she ratified and adopted the
Federal Constitution ; and as a sovereign State she has now repealed
and annulled her former adoption and ratification of that Constitu-
tion and has set up for herself an independence and equality among
the nations of the earth which she expects and demands shall be
clearly and explicitly recognized and admitted. StiU, recalling the
blessings enjoyed, the wealth, power, and happiness conferred upon
her people in the earlier days of the Republic under the operation of
the Federal Union and the Constitution as expounded and enforced
by the patriot fathers of those days, she is anxious to associate her-
self with the slave-holding States in a new confederated republic upon
the basis of the old Union, and has elected delegates to represent her
people in a Southern convention now assembled at the city of Mont-
gomery, in the State of Alabama, for the purpose of organizing a
provisional government for the seceding States and the adoption of a
constitution and the establishment of a more perfect union among
her several sister Southern States.

In this great work of reorganization she cordially invites the co-op-
eration and assistance of the State of Maryland. She is not unmind-
ful of the past history of your noble State, neither has she forgotten
the proud names that cluster in undying glory upon the broad pages
of your State's history. The people of Georgia feel a just and proper
pride in the fame, the virtue, the intelligence, and patriotism of your
statesmen, while the courage and bravery of your sons in the field
have made their names as familiar to her people as "household
words." The past of Maryland gives strong encouragement to
Georgia to hope that, in the present trying exigency in which she,
with her Southern sisters, from no fault of their own, find themselves
placed, your gallant State will, though slowly it may be, yet surely,
be found side by side with the firmest in determined resistance to
Black Republican rule. Maryland owes this to herself no less than
to the other Southern States. The wealth, population, aod commer-
cial importance of her great metropolis, Baltimore, point out that city
as the great commercial and financial center of the Southern Republic.
Under the oppression and unequal administration of the present Fed-
eral Government she has maintained the third rank in the list of
American cities. That she has natural and artificial advantages
equal, if not superior, to New. York and Philadelphia is plain to the
commonest observer. Under a friendly, or even a fair, system of
government, she would soon take rank among the first cities of the
wodd. As long as Maryland continues a dependency upon the
Northern Federal Government restrictions, limitations, and discrim-
inations will continue to be made against her commercial interests
and prosperity. Baltimore, from her natural advantages, no less
than from her varied and extended commercial relations with the
civilized world, will become the great importing agent for the entire

158 CORRESPONDENCE, ETC.

South, whilst her facilities for and her great proficiency in the art of
ship btiilding will make her the carrier of our immense productions
of rice, grain, cotton, and sugar.

I cannot attempt in this place to point out fully all the material
advantages to be gained by your State by a cordial co-operation with
the seceding States, nor do I think it proper or becoming in me, as
the representative of Georgia, to urge your action upon such sordid
and selfish considerations.

Georgia knows and feels the great embarrassments which surround
the State of Maryland, and which render her position a critical and,
it may be, a dangerous one. Still, she feels that the descendants of
Chase, of Carroll, and of Hanson and McHenry can never be long
deterred from proper action by a consultation with their fears.
Georgia is fully informed of the ample preparations made by the
Federal Government to enforce from Maryland, even at the point of
the bayonet, if need be, obedience to her will. She regrets that the
seeming doubtful policy of your State and her hesitation in taking a
prompt and decided position with her Southern sisters in demanding
redress of her grievances has entailed upon her people the armed
occupation by the Federal troops of the fortresses within her borders
which were designed and constructed for her safety and defense.
We are sensible that your position now is far worse than it was a few
weeks past; that the Federal Government, anticipating your probable
action in defense of your liberties, has, with a view to crush in its
incipiency any feeling of resistance to her foul domination, placed
cords about you that will be diflQcult to sever. Yet the danger of
your position only increases our solicitude for your future action.
While Georgia would not desire, much less advise, your State to
inaugurate any movement which should unnecessarily increase your
difQculties and dangers, she is nevertheless anxious that you should
be permitted to act entirely free from Federal influence and Fed-
eral arms.

To this end she authorizes me to declare to you, and through you
to the people of your noble State, that to the full extent of her abil-
ity she is determined to assist and support you in any action which
your State may decide to adopt for the preservation of your rights
and liberties. Your cau.se Georgia makes her cause, your quarrels
her quarrels, and your dangers her dangers. The report of the first
Federal gun fired upon your soil, as it falls upon the ears of our
hardy sons, will call to your side, from their forest homes upon moun-
tain top and lowland, a body of freemen whose valor and prowess
will make them no mean match for Federal .mercenaries.

The State of Georgia has taken her position after a full and care-
ful consideration of all her grievances and diflBculties, and with a full
knowledge of the many embarrassments to be encountered in her new
character; yet she is determined to take no step backward. Having
dissolved the ties which bound her to the Federal Union, she casts no
longing eyes toward the past. There is now no more ' ' hankering after
the fleshpots of Egypt" among her people. Having for years past
interceded — nay, implored — our Northern confederates for simple
justice; never having at any period of our history ever asked for
special privileges for our section ; having plainly and fairly informed
the Northern States of our determination to resist, even to a disrup-
tion of the Union, all other and further encroachments upon our
rights, we feel that we shall be fully justified by the enlightened
public sentiment of the civilized world in the action we have taken.

CONFEDERATE AUTHORITIES. 159

We have determined to listen to no more compromises with the
Northern States. They have proved faithless in all their pledges
heretofore given, and we can have no assurance from such a people
that they would carry out any offer or settlement which may through
their fears be now extorted from them. Georgia warns Maryland
against any patched-up adjustment of existing difficulties. While
Maryland would feel bound in honor to abide such adjustment in
good faith if made, her Northern confederates would, upon the first
occasion which promised advantage to their cupidity, entirely disre-
gard and violate their compact.

Even if the slavery question were now settled to the entire satis-
faction of her people, Georgia would be unwilling again to confeder-
ate with a people whose views of the power of the Federal Govern-
ment are so entirely different from her own. While a member of the
late confederacy, she did not yield her sovereignty as a free and
independent State except so far as was granted by the express letter
of the Constitution.

The power of the Federal Government, she has always contended,
was restricted, limited, and confined within the letter of that instru-
ment. In the opinion of our people, the framers of the Constitution
rested its support and power upon the consent of the people of the
different confederated States, and never contemplated the employment
of force against a sovereign State to coerce its submission to or con-
tinuance in a confederation deemed by its people oppressive and
tyrannical. Our fathers had but too recently felt the necessity which
forced a loyal and true people to throw off a government which
proudly claimed to be the only power on the globe whose citizens were
secured in the enjoyment of constitutional liberty. With the experi-
ence of the then recent past the statesmen of 1788-89 looked with
far-seeing sagacity to the possibility of the loss of their liberties so
dearly won, unless the new government about to be adopted for their
protection should be so limited and confined in its powers and so
arranged in its details as to receive its entire force, efficacy, and
power from the enlightened public sentiment of the country; the full,
free, and cordial assent of the governed. This has always been the
view entertained at the South in regard to the powers of the Federal
Government. Indeed, one of the New England States, one which now
denies the sovereignty of the several States, and is urging the Gov-
ernment at Washington to use the power of the Army and Navy to
reduce to subjection the seceding Southern States, on no less than two
occasions in its past history has claimed for itself the right to judge
of the infractions of the Federal Constitution, and. to assert its right
and duty to dissolve all further connection with the Federal Union.
The doctrine of State rights and State sovereignty, as enunciated
and declared in the" Virginia- Kentucky "resolutions of '79, we have
held to be the chief safeguards of the liberties of the American
people. For the first time in our national history this doctrine has
been ignored and denied by a commanding majority of the States of
the Union.

Our safety requires that we should look now alone to our own
efforts and resources for the protection of our liberties and property
so emphatically denied to us by our Northern associates.

Maryland, in the opinion of Georgia, cannot with safety to her cit-
izens continue longer in confederation with the States of the North.
And while we would not attempt to advise a people of such known
intelligence and patriotism as to tlieir duty in this trying emergency,

160 CORRESPONDENCE, ETC.

the fraternal regard we have ever borne toward your State, and the
deep solicitude which as brethren sprang from the same ancestry,
with institutions so identical and interests so reciprocal, impels us to
give you our solemn warning of the dangers which surround you,
and which threaten, in our honest judgment, to destroy your domes-
tic institutions and impede the prosperity and wealth of your noble
State.

Having with the kindest feelings and purest motives done this, we
are content to leave the issue to the good sense and patriotism of
your people.

Very respectfully, your obedient servant,

A. R. WRIGHT,
Commissioner from Georgia.

Oglethorpe, Ga., March IS, 1861.
Hon. George W. Crawford,

President of the Convention, Georgia:

Dear Sir: Having been honored by the convention of the people
of Georgia with the appointment of commissioner to North Carolina,
to lay before the convention or Legislature of that State, if either
should be in session, and if not, before the Governor, the ordinance
by which Georgia seceded from the late Government of the United
States, and to invite the co-operation of North Carolina, with her
and other States that had seceded or might secede, in the formation
of a Southern confederacy, I took my departure early in February
last and reached Raleigh on the 11th of that month. On that day I
waited upon His Excellency John W. Ellis, the Governor of the State,
and made known to him my appointment and the purpose of my
mission. He received me with cordiality and entered into the pur-
poses of this State with a cheerfulness and spirit which convinced me
that the people of his State still held us in high regard and cherished
for us sincere respect and esteem. The Legislature being in session,
His Excellency promptly communicated to them my commission, with
the accompanying ordinance of secession. In response to this com-
munication the General Assembly, by a vote of both houses, appointed
a joint committee to wait upon me to tender the privilege of the
floor and invite me to address that honorable body upon the subject
of my mission. Every hospitality was offered and every attention
was paid to your commissioner. Individually I appropriated none of
this to myself, but received it as a mark of respect to my State.

Having accepted the invitation extended to me to address the Gen-
eral Assembly, I was on Wednesday evening, the 13th of February,
introduced to them bj' the chairman of their joint committee.
Encouraged by the assurance given me in this introduction that
the Legislature and people of North Carolina admitted and "knew
that the wrongs of which we complained were their wrongs;" "that
the cause for which we were battling and preparing, if need be, to
sacrifice our lives, was their cause;" that they recognized us as
"their kindred" and "would never turn a deaf ear to the voice that
came up from us, " I proceeded to deliver an address setting forth the
causes which led to our separation, justifying, according to the meas-
ure of my feeble ability, the mode and measure of redress we had
adopted, and vindicating the right of secession as regular, lawful,
and constitutional; holding that it should be therefore regarded as
peaceable. Assuring North Carolina of the cordiality with which she

CONFEDERATE AUTHORITIES. 161

would be welcomed to the embrace of her ancient confederate and
ally, I endeavored to persuade her that she would find her true inter-
est, prosperity, and honor in uniting her destiny with the " Confed-
erate States of America. " That the affection of the members of her
Legislature and the large audience of her sons and daughters that
honored me with their presence is still warm and strong for their
former sisters, whose safety and honor required them to resume the
powers delegated to a Government which has failed to secure the one
or regard the other, I had still more flattering and encouraging proof
in the indignant and universal negative response made to the ques-
tion propounded, " whether they would see Federal troops march from
or through their State to coerce and attempt to subject their Southern
brethren. "

In response to this address I was charged by the General Assembly,
through their accredited organ, the Hon. Henry T. Clark, speaker of
the Senate, to bear this message to the people of Georgia:

After giving thiB momentoos question our best and most anxions deliberation,
we have referred it to the sovereign people in convention assembled. Their judg-
ment and decision will form the guide of our faith and the rule of our conduct,
and to that tribunal alone can we look for any authorized response to the friendly
counsels and suggestions of our fellow-sufienng sister State. But without refer-
ence to the amount of our spnpathy or the extent of our co-operation with her in
her present struggle, we will at least assure her that no hostile foot shall ever
march from or through our borders to assail her or hers.

I take the liberty of transmitting, through you, to the convention a
copy of the remarks I had the honor to submit on the occasion.*

What seemed to me the greatest obstacle to the immediate co-oper-
ation of North Carolina with the Confederate States was the belief
entertained by the larger number of her citizens that the Peace Con-
ference (so called), then in session at Washington City, would grant
the demands for new guaranties in the Constitution made by Virginia
and North Carolina; that their recommendation would be sanctioned
by the Congress of the United States and adopted by the requisite
majority of the States remaining in the old confederacy to make it
a part of the Constitution, and that upon this basis an entire recon-
struction of the Union would be effected.

In combating this view I ventured the opinion that, so far as the
action of the Peace Conference and Congress was concerned, this
confidence would be disappointed ; but even if it was fully met and
' sustained it would not be acceptable to the States that had seceded;
that they had no objection to the old Constitution, which, when prop-
erly interpreted and fairly carried out, was adequate to sepure all the
objects for which it was formed; that there could be no more solemn
or binding covenants than those contained in that instrument. The
fault was not in the law, but in its execution. We could not expect
the Northern people to observe new compacts better than they had
observed the old; that they would have to be re-educated; their
morals would have to be reformed and their very natures changed
before we could again give them our confidence. That so far as we
were concerned the separation was " final and irrevocable," and the
I)eople of North Carolina were therefore reduced to the necessity of
choosing between an alliance with the North or with the Confederate
States of America. I was fully justified in my statement as to the dis-
position of our people to reconstruct by the declaration made by the

♦Omitted.
11 R K^SERIES IV, VOL I

162 CORRESPONDENCE, ETC.

able commissioner sent by the Legislature of North Carolina to the
Southern Congress at Montgomery, who reported, from ample means
of information, contemporaneously with my arrival at Raleigh, that
the persons in the Confederate States in favor of such a measure
constituted an exceedingly meager minority. That I was right as to
the action of Congress and the Peace Conference subsequent events
have fully established.

I have delayed this communication that I might lay before the con-
vention the result of the election which took place in North Carolina
on the 28th ultimo.

The question submitted to the i)eople by the act of the Legislature
was whether they would caU a convention. Those voting for a con-
vention were generally understood to be in favor of separate State
action as a step preparatory to co-operation with their Southern sis-
ters. The short time that elapsed between the passage of the act and
the election precluded the possibility of anything like a thorough
canvass of the State; in fact, it is only within the last ninety days
that the subject began to be agitated in public meetings. The
friends of separate State action were then few, but now they number
nearly 50,000. Their defeat in the recent election by a popular
majority of less than 1,000 gives us no reason to feel discouraged.
The election occurred on the day after the Peace Conference ad-
journed; and I am informed from sources entitled to the highest
credit that the result was brought by dispatches sent to the central
and western portions of the State announcing that the conference had
agreed upon a satisfactory adjustment, which would certainly be
adopted by Congress. If such means were resorted to we can only
calculate with greater certainty upon the reaction which will occur in
popular sentiment; indeed, it is now said that the reaction has already
taken place, and that the advocates of separate State action and an
alliance with the South have a decided majority of the suffrages of
the State. A delegate to that conference, who prior to its meeting
was an ardent friend of the Union, has since his return stated to his
constituents that their propositions for amendments to the Constitu-
tion were five distinct times voted down by large majorities, and that
in lieu thereof (as is apparent to every one at all acquainted with
the scheme proposed) they were thereby prohibited from exercising
the right they now have of going into the Territories north of 36
degrees 30 minutes north latitude with their slaves, while their right
to emigrate with that species of property to the Territories south of
that line will depend upon the interpretation placed upon the common
law by judges deadly hostile to their interests. ' Insult is added to
this certain exclusion by demanding the recognition by the Southern
States remaining in the old confederacy of free blacks as citizens of
the Northern States which they inhabit and by extending to them all
the rights and privileges of citizens of the several States. This plan
has rendered the fugitive-slave law (already an insuf&cient protection
to the rights of the South) worse than a dead letter bj' guaranteeing
payment to the owner of the slave out of the Federal Treasury when-
ever such a fugitive is withheld from the custody of his master by the
action of a Northern mob or Northern State laws and tribunals, thus
holding out a direct inducement to the Abolitionists to free the slaves
of those people and to compel them to use their own means, at least
in part, and in great part, too, to compensate themselves for their
losses. This scheme was voted against by North Carolina, Virginia,
and Missouri in the conference, and the delegate above alluded to has

CONFEDERATE AUTHORITIES. 163

advised his constituents that their only safety is in a union with their
Southern sisters. I believe from all that I can learn that a very
large majority of them are agreed with him as to the character of this
concession, and that they only await an opportunity to give effect to
his sound and patriotic advice. Delay in this respect must result in
material injury to the State in the loss of its slave-holding popula-
tion, with the property held by it, which will seek safety by emi-
grating to and settling in the Southern Confederate States. Under
these circumstances I cannot doubt that an opportunity will be
afforded at an early day to the people to vote again on the subject;
and when the vote is taken I have still less doubt of what will be the
pjopular verdict. I therefore confidently anticipate in a very short
time the co-operation desired and invited by Georgia, and that we
shall have the happiness of welcoming, with open arms and joyful
hearts, our honored and loved sister to our new and better union.

I have the honor to subscribe myself, very respectfully, your obe-
dient servant,

SAMUEL HALL,

[Makch 13, 1861. — For Moore to Walker, in relation to organiza-
tion ef troops in Louisiana, see Series I, Vol. LIII, p. 636.]

[March 13, 29, and April 5, 12, 13, 1861.— For correspondence
between Walker and Duncan, in relation to a regiment of Kentuck-
ians, see Series I, Vol. LII, Part n, pp. 26, 31, 35, 43, 46.]

AN ACT amendatory of an act for the organization of the staff departments of
the Army and an act for the establishment and organization of the Army of
the Confederate States of America.

The Congress of the Confederate States of America do enact, That
the Adjutant and Inspector General's Department shall consist of
two assistant adjutante-general with the rank of lieutenant-colonel,
two assistaait adjutants-general with the rank of major, and four
assistant adjutants-general with the rank of captain.

Sec. 2. Be it further enacted, That there shall be added one briga-
dier-general to those heretofore authorized by law, and that any one of
the brigadier-generals of the Army of the Confederate States may be
assigned to the duty of Adjutant and Inspector General at the discre-
tion of the President.

Sec. 3. Be it further enacted. That the Quartermaster-General's
Department shall consist of one Quartermaster-General with the rank
of colonel, one assistant quartermaster-general with the rank of lieu-
tenant-colonel, four assistant quartermasters with the rank of major,
and such other officers in that department as are already provided
by law.

Sec. 4. Be it fwrther enacted, That the Commissary-General's
Department shall consist of one Commissary-General with the rank
of colonel, one commissary with the rank of lieutenant-colonel, one
commissary with the rank of major, and three commissaries with the
rank of captain, and as many assistant commissaries as may from
time to time be required by the service may b« detailed by the War

164 CORBE8FONDENCE, ETC.

Department from the subalterns of the line who, in addition to their
pay in the Une, shall receive $20 per month while engaged in that
service.

Sec. 5. Be it further enacted, That in aU cases of officers who have
resigned, or who may within six months tender their resignations from
the Army of the United States, and who have been or may be appointed
to original vacancies in the Army of the Confederate States, the com-
missions issued shall bear one and the same date, so that the relative
rank of officers of each grade shall be determined by their former com-
missions in the U. S. Army, held anterior to the secession of these
Confederate States from the United States.

Sec. 6. Be it further enacted. That every officer, non-commissioned
officer, musician, and private shall take and subscribe the following
oath or affirmation, to wit: I, A B, do solemnly swear or affirm (as
the case may be) that while I continue in the service I will bear true
faith and yield obedience to the Confederate States of America, and
that I wiU serve them honestly and faithfully against their enemies,
and that I wiU observe and obey the orders of the President of the
Confederate States and the orders of the officers appointed over me,
according to the Rules and Articles of War.

Sec. 7. Be it further enacted. That all laws and parts of laws mili-
tating against this act be, and the same are hereby, repealed.

Approved March 14, 1861.

A BESOLIJTION accepting certain fnndB tendered to the Confederate States by

the State of Louisiana.

Whereas, the convention of the State of Louisiana has adopted an
ordinance as follows, to wit:

AN OBDINANCE to transfer oertsin funds to the Oovemment of the Confederate States of America.

Section X. Itis hereby ordained, That the snm of $389,267.46, now in the hands
of A. J. Onirot, State depositary, and known as the" bullion fnnd," be transferred
to the Government of the Confederate States of America, and that said depositary
be, and he is hereby, authorized and instructed to pay said sum upon the order of
the Secretary of the Treasury of said Confederate States.

Sec. 2. It is further ordained. That the sum of $147,519.66, being the balance
received by said State depositary from the customs since the 31st day of January
last, be transferred to said Government and paid by said depositary upon the order
of said Secretary of the Treasury of the Confederate States.

Be it therefore resolved hy the Congress.of the' Confederaie States
of America, That the Congress accepts, with a high sense of the patri-
otic liberality of the State of Louisiana, the funds so generously ten-
dered to the Treasury of the Confederate States and proffered in the
ordinance aforesaid.

Approved March 14, 1861.

Baton Rouge, March H, 1861.
L. P. Walker,

Secretary of War:
Tour letter of 9th received. Will be attended to. Do you expect
one or three years' volunteers? Public order will be obliged to be
issued. Answer.

T. O. MOORE.

CONPEDEBATE AUTHOBITIES. 165

Montgomery, March U, 1861.
Governor Thomas O. Moork,

Baton Rouge, La. :
Either twelve-months' or three-years', as they may have enlisted.

L. P. WALKER.

National Hotel,
Washington, March H, 1861.
Hon. L. P. Walker:

Dear Sir: Your telegram about a disbursing clerk duly received
and attended to without delay. * I have not yet been able to find one
who is properly recommended. Major Belger, of the Quartermaster's
Department, in the War Office, is in search of what is wanted, and
believes he can succeed in a day or two. We are feeling our way here
cautiously. We are playing a game in which time is our best advo-
cate, and if our Government could afford the time I feel confident of
winning. There is a terrific fight in the Cabinet. Our policy is to
encourage the peace element in the fight, and at least blow up the
Cabinet on the question. The outside pressure in favor of peace
grows stronger every hour. Lincoln inclines to peace, and I have now
no doubt that General Scott is Seward's anxious and laborious coad-
jutor in the same direction. If Seward were not a coward, and would
have had an unofficial conference with us, we could have strengthened
his hands. EBs refusal forced us to precipitate the o£&cial bombshell
into the Cabinet before he was ready for it. He has already had to
beg for time. I repeat that I feel the strongest conviction that if
time would aUow we could make our mission a success. Seward
wanted time as much as we did, but his lack of nerve has lost it to
him and to us. Never was administration in such a dilemma. The
only question is with them which of its two horns had it better be
impaled over. Since the 4th of March two of the Republican illu-
sions have exploded — first, that it was very easy to re-enforce the
forts, and second, that they could collect the revenue on floating cus-
tom-houses at sea. The great danger is that from ignorance of the
true state of things in the South they may blunder us into a war
when they really do not mean it. I think the great problem with the
Administration is how to get out of a fight without blowing up the
Republican party. They believe, and we encourage the pleasant
thought, that in case of war their precious persons would not be safe
in Washington. With prudence, wisdom, and firmness we have the
rascals "on the hip."

Very truly, yours,

J. FORSYTH.

[March 15, 1861. — For resolutions of the Confederate Congress in
reference to forts, dock-yards, reservations, and property ceded to the
Confederate States, see Series I, Vol. LIII, p. 133.]

War Department,
Montgomery, March 16, 1861.
Brig. Gen. Robert E. Lee:

Sir: You are hereby informed that the President, by and with the
advice of Congress, has appointed you a brigadier-general in the

»SeeMarch5, p. 125.

166 COERESPONDENCE, ETC.

Army of the Confederate States. You are requested to signify your
acceptance or non-acceptance of said appointment, and should you
accept you will sign before a magistrate the oath of office herewith
and forward the same, with your letter of acceptance, to this
Department.

L. P. WALKER,
Secretary of War.
(Same to Brig. Gen. Joseph E. Johnston. )

Confederate States op America, "War Department,

Montgomery, March 15, 1861.

His Excellency Joseph E. Brown,

Savannah, Ga.:
Sir: Tour communication of the 12th instant has been received.
The requisition for 2,000 troops was intended for the provisional
forces of the Confederate States. I beg to quote the third and fourth
sections of the act of Congress to raise provisional forces, a copy of
which I had the honor to inclose to you some days ago :

Sec. 3. Be it further enacted. That the President be anthorized to receive into
the service of this Government such forces now in the service of said States as
may be tendered, or who may volunteer, by consent of their States, in such num-
bers as he may require, for any time not less than twelve months, unless sooner
discharged.

Sec. 4. Be it further enacted, That such forces may be received, with their
ofScers, by companies, battalions, or regiments, and when so received shall form
a part of the Provisional Army of the Confederate States, according to the
terms of their enlistment ; and the President shall appoint, by and with the advice
and consent of Congress, such general oflScer or officers for said forces as may be
necessary for the service.

The proper interpretation of this act, it occurs to me, is that, what-
ever forces you now have organized in companies, battalions, or
regiments, to the number of 2,000, will come into the Provisional
Army as organized under your State regulations and commanded
by their own officers. These forces, however, when mustered into
the service of the Confederate States, without changing their organiza-
tions as companies, battalions, or regiments, or losing their officers,
would be under the command of such general officer of the Confed-
erate Government as the President might assign to that duty. So far,
then, as your regiments are completed, there is no difficulty in your
transferring them to this Government in whatever form of organization
you may determine upon, but to receive officersjwithout men would
not be, in my view, within the scope of the law. My letter of the 9th
informed you that the Government needed 5,000 troops at Pensacola
with as little delay as practicable, and I expressed the hope that your
State would furnish 1,000 of that number. If the officers of your
State now appointed, but without commands, are to enlist their men
for three years, which period I understand is the basis of your mili-
taiy organization, it is probable the number required would not be
contributed within the time it is supposed we may need them. Under
these circumstances I respectfully suggest that you might raise with-
out delay a volunteer force for twelve months amply sufficient to
make up the deficiency, and that the officers appointed by you might
undertake to do this. I do not well see how otherwise the embarrass-
ments you suggest, with the attendant delay, could be obviated. You

CONFEDERATE AUTHOEITIES. 167

•will, I feel assured, do this Department the justice to believe that it
has every disposition, as far as possible, to accommodate itself to the
rather peculiar condition of things in your State, but you will see at
once that it has no power to receive into the service of the Government
less than an organized company. This, of course, excludes oflacers
without command.

I have the honor to be, very respectfully, your obedient servant,

L. P. WALKER,
Secretary of War.

Feidat, Ma/rch 15, 1861*
The convention met in secret session, Mr. Hull in the chair, when
the following communication from His Excellency Governor Brown
was taken up, read, and on motion of Mr. Glenn, of Fulton, referred
to the Committee on Military Affairs, to wit:

_. Savannah, March IS, 1861.

To THE Convention:

While in session at Milledgeyille an ordinance was passed by the convention
which made it my duty to raise two regiments of regular troops in Georgia,
which regiments were expected to be turned over to the Gteneral Gk>vemment of
the seceding States when formed and to become a part of the Regnlar Army
of the Confederacy. The ordinance made it my du^, as far as practicable, to
oflScer the regiments with Georgians who were lately ofiacers in the TJ. S. Army
and who had or might resign with the patriotic purpose of entering the service of
this State. I was also directed to preserve the relative rank of all such officers.
In obedience to the commands of the convention I proceeded as fast as possible
with the organization of the re^ments. In the selection of officers I not only
appointed every officer of the U. S. Army from Georgia who had at the time
resigned, but I appointed every one on the active-list in the Army and Navy from
Georgia. Some were in Oregon or Washington Territory, some on the coast of
Africa, and one probably in uidia. These mA not resigned, but I felt it my duty
to reserve a place for each of them till he could be heard from. I preservied the
relative rank of each by apx)ointing no one of a lower grade over anyone of a
higher grade, and I advanced each as far as it was in my power to do. The whole
number, however, was not sufficient to officer the two regiments. I was obliged,
therefore, to fill part of the places with gentlemen from civil life. This I did by
the appointment of such gentlemen as were, in my judgment, best qualified for
the discharge of the duties of the respective positions assigned them. I may be
here excused for remarking that my conduct nas been criticised and censured by
some one because I appointed certain gentlemen from civil life to higher positions
than I give some of the officers of the Army. It is true that I have appointed
gentlemen who were not officers in the U. S. Army to higher positions than I have
given to some who were officers in the Army. Had I pursued a different course,
and api)ointed no one from civil life till I had given each army officer a place,
I must have excluded gentlemen of anything Uke high position, who had age and
experience, from any {uace in the regiments, as they could not hav^ accepted posi-
tions below the lowest grades of army officers. As an instance, I apppointed
General Charles J. Williams, of Muscogee, who served with distinction in the
war with Mexico, is the present speaker of the House of R^resentatives of the
State, and a brigadier-general, to the position of Ueutenant-colonel of the First
Regiment, and Col. £. W. Chastain, a member of this convention, who has been
a Representative in the Congress of the late United States from this State, and
who commanded a regiment in the Florida war, as lieutenant-colonel of the Sec-
ond Regiment. I certainly could not, with any degree of propriety, have ten-
dered either of these gentlemen a place below a young gentleman recently grad-
uated at West Point, who occupied the position of a second Ueutenant only in the
IT. S. Army. I might mention other instances when such an appointment would
have been equally improper. Had I refused to appoint any gentleman of position
similar to those above mentioned and given all the first places to army officers, I

•From Journal of the Gteorgia Convention.

168 CORRESPONDENCE, ETC.

mnst have filled all the remaining places with young gentlemen from civil life
who had bnt little experience. The result would have been that the army-
officers and the young gentlemen appointed from civil life would have been alike
in a great measure, strangers to our people, and could not probably have enlisted
the regiments in two years. Indeed, I may say that nearly all the recruits
obtained thus far have been enlisted by officers appointed from civil Ufe. Most
of the recruits have enlisted because they knew those gentlemen, had confidence
in them, and were willing to serve under them. They would not have enlisted
under army officers or strangers. Between 400 and 500 recruits have already
been obtained and others are coming in daily. Justice to them requires that
they be permitted to go under those on the faith of whose command they enlisted
or that they be discharged. It has frequently been remarked that the appoint-
ments made by me would not be recognized by the President. I have organized
the regriments and made the appointments under the direction of the convention
of the people of this State, and must submit the question back to the authority
under which I have acted for instruction in the premises in case the action of
the authorities in this State is not recognized. I am informed by a member of
the convention who had an interview with the President that the regiments will
be received for the three years for which they enlisted, but that the officers will
not be accepted as permanent officers of the Army of the Confederate States. It
is for the convention to say upon what terms they will consent to have these reg-
iments and their officers received. I have tendered them to the Secretary of
War, and am prepared to follow any instructions which the representatives of
ihe people under whose authority I have acted may think propter to give. It will
be borne in mind by members of the convention that the Legislature at its last
session authorized the Governor to accept the services of 10,000 volunteers. The
Government of the Confederate States has assumed control of all military oper-
ations which are to be conducted against foreign powers within the limits of any
of the Confederate States. The State has reserved to itself, however, the right
to repel invasion and to use nuUtary force in case of invasion or imminent danger
thereof. If we should be suddenly attacked by a large force the first law of
nature might require that we meet and expel the invaders without delay. In
such an event a thorough organization of the volunteer force of the State would
be indispensable to prompt action. With a view to secure such organization 1
have appointed Col. Henry B. Jackson, of Chatham, major-general of the First
IMvision of volunteer forces, and Patd J. Semmes, of Muscogee, and WiUiam
Phillips, of Cobb, brigadier-generals. Col. William H. T. Walker, late of the
U.S. Army, who has rendered most distinguished service on so many battle-fields,
has also been appointed major-general of the Second Division. The First Divis-
ion will be organized as speedily as possible and the officers called together for
the purpose of drill, after which they will be ordered to hold the troops under
their command in readiness as minute men, to be called into active service should
a sudden invasion or a call from the Government of the Confederate States ren-
der it necessary. The companies will not, however, be taken into the pay of the
State tiU they are required for active service. My sincere desire is to render to
the Government of the Confederate States all the assistance in my power in the
prosecution of the noble work in which the representatives of a free and inde-
pendent people are engaged. We must remember, however, that the Govern-
ment has but recently been formed and that time is necessary to the full
development of its resources and the manifestation of its power. In the mean-
time the State authorities should be actively engaged in^ preparation for self-
defense, and should leave nothing undone which -is necessary to advance the
common cause in which we are aU so vitally interested. I shall, to the extent of
my ability, cheerfully and promptly carry into effect all instructions which the
convention may think proper to give upon this and other subjects. I would
enter more into detail in regard to our military preparations, but do not think
that the public interest could at present be promoted by a public disclosure of
plans and operations, which to be successful must necessarily be private. I
respectfully suggest that the convention authorize me, by the sale of State bonds
or the use of treasury notes, or both, to raise and expend such sums of money, in
addition to the appropriation made by the Legislature for military purposes, as
the public exigencies may require.

JOSEPH E. BROWN.

Mr. Rice, from the committee of seven who had been appointed to
examine into the condition of the defenses of the city of Savannah
and its approaches, to inquire what additional defense, if any, was

CONFEDERATE AUTHORITIES. 169

necessary, made the following report, which was taken up, read, and
on motion of Mr. Bartow, referred to the Committee on Military
Affairs, to wit:

The committee appointed to examine into the condition of the defenses of the
city of Savannah and its approaches, and to inquire what additional defenses, if
any, may be necessary, haying so far as in their power performed the duty assignaed
them, reiwrt as follows :

Having examined into the condition of the defenses of the city of Savannah
and its approaches, and having taken the opinions of persons skilled in such mat-
ters as to the sufficiency of those defenses, your committee report that the
defenses of the city of Savannah and its approaches, in their present condition,
are entirely inadequate to its protection, and could not resist a strong hostile
attack. This inadequacy of these defenses arises mainly from a want of cannon,
and especially from the want of guns of large caliber and long range. We are
asBored by those skilled in the science of defensive operations that with a sufB-
ciency of guns of the right Mud the defenses could soon be rendered complete.
The great difficulty has been, and continues to be, in procuring such guns as are
needed for the defenses. We learn from His Excellency the Governor of the
State that he had a contract with an iron company in Pittsburg, Pa., for a num-
ber of such guns as are most needed, but that when the guns were made, such
was the prejudice of the people of that city against the seceding States that the
contractors declined dehvering the guns and abandoned the contract. This
delayed the obt-aining the needed supply of guns. The Governor informs your
committee that he is now procuring a supply of such guns as are most needed
from iron-works in the State of Virginia as fast as the same can be manufactured
and forwarded. The Government of the Confederacy having given notice to the
States of the Confederacy that it will take charge of all forts, arsenals, &c., and
of all mihtary oi)erations, it might seem to be the duty of that Government to
provide for the defense of Savannah and of all exposed points of our State.
When, however, we recollect that the Government of the Confederacy is as yet
only a provisional government, that it has just been organized, and is as yet with-
out money or the means of providing for the common defense of all the States,
except as the money is furnished to it by the States, and that the State of Georgia
must, therefore , from the necessity of the case , furnish the money to provide for her
own defense, your committee think that the surest and best way or doing so will
be for the State to continue to purchase all the guns that may be needed for the
defense of the State. These guns vriU then be the property of the State, and if
at any time hereafter it should be deemed advisable that the same should be
turned over to the Government of the Confederacy, after a permanent govern-
ment is formed, and that the Government can receive and account for the guns
on such terms as may be agreed on between this State and the Confederate Gov-
ernment, your committee would therefore recommend the passage of an ordinance
authoring and instructing the Governor of this State to continue to purchase,
as fast as the same can be procured, all such guns as are or may be necessary for
the defense of Savannah and its approaches, as well as for the defense of any
other points on our sea-hoard where the same may be needed. It is of the first
importance that we make sure the defense of our own State. Such moneys,
therefore, as are intended for that purpose had best be appUed directly to that
purpose by our State. In connection with the foregoing, your committee further
state that the present want of cannon for our defenses, and the difficulty of pro-
curing them, led your committee into the consideration "of the propriety of the
adoption by the State of some measure by which an early and sure supply of arms
may be obtained by the State. At present the State is, as above mentioned, pro-
curing cannon from iron-works in the State of "Virginia. The present indications
are that Virginia vnll at least for some time remain in the United States. If hos-
tiUties should occur between the United States and this Confederacy, the owner
of those works in Virginia could not continue to furnish us with guns without a
violation of the laws of the United States. There would, therefore, be great
danger, incase war should occur between the United States and this Confederacy,
that our supply of guns v^ould be cut off at the very time when we might need
them most. We could not then supply ourselves from Europe, because guns
would then become contraband articles. It is therefore a matter of the greatest
importance that we adopt measures to secure a supply of large guns (and the
same may be said of aU munitions of war) by having the same manufactured in
our own State. To accomplish this object, good policy as well as economy
dictates the importance of our encouraging any person or persons who may be

170 C0BEE8P0NDENCE, ETC.

disposed to do so to erect works for the rQanufacture of cannon, &c. The erec-
tion of snch works would require capital, and men of capital will hesitate about
embarking their capital in what would be in this State a new business, unless in
some way secured against the probability of loss. For these reasons, and many
others which we could urge, your committee recommend that encouragement be
given to the erection of works in this State for the manufacture of cannon by
the offer of a bonus to any person or company who shall at the earliest day erect
works in this State for the manufacture and casting of cannon, and who shall
agree to furnish the State at reasonable prices such number of columbiads and
other cannon as the State may require. We recommend that the bonus be
offered for the casting of columbiads, because that is the gaa most needed for
our defenses. We feel assured that if the payment of such a bonus secure the
State a supply of snch guns as the State needs it will be money well spent. We
therefore recommend the passage of the ordinance herewith submitted :

AN OBDINANCE to encoarage the manafaotnre of cannon in this State.

Be it ordained by the people of the State of Georgia by their delegates in conven-
vention assembled, and it is hereby ordained. That the Governor of this State be,
and he is hereby, authorized to offer a bonus not exceeding $10,000 to any person
or company who shall erect a foundry in this State for the casting of cannon, and
who shall at the earliest day manufacture a 10-inch columbiad, and shall agree to
furnish thereafter the State, at reasonable prices, as many such guns and other
large guns as shall be required by the State, at the rate of three guns per week,
or such other number as may be agreed on, provided that said gun and guns
shall be subject to inspection by a competent officer appointed by the Gtovemor for
that purpose.

Savannah, March 16, 1861.
Hon. George W. Crawford,

President of the Convention of Georgia:

Sir : Concerning my mission as a commissioner from the State of
Georgia in convention assembled to the State of Louisana in conven-
tion assembled, I have the honor to report that starting on my mission
from Milledgeville the morning after my election as commissioner, and
traveling the most speedy and practicable route to Baton Rouge, the
capital of the State of Louisiana, I arrived in the city of New Orleans
on the 29th of January, 1861. There I learned that the convention of
the State of Louisiana, which assembled in Baton Rouge on the 23d of
January, after a session of four days, had adopted an ordinance to
dissolve the union between the State of Louisiana and the other
States united with her under a compact entitled "The Constitution of
the United States," and adjourned from that place to reassemble on
the 29th day of that month in the city of New Orleans.

On that day the convention resumed its sessions in that city, and I
had an interview with a committee of that body appointed to receive
commissioners from other States, at which it was arranged that I
should be introduced and make known the objects of my mission to
the convention on the following day. Accordingly the committee the
next day personally introduced me to the convention, and I am
pleased to declare that I was received with great cordiality and with
the respect and consideration due to the State which I had the honor
to represent.

After an interchange of salutations the president of the convention
very respectfully invited me to address that body upon the objects of
my mission.

That duty I performed by exhibiting my commission, which
accredited me as a commissioner from this to that convention, and

CONFEDERATE AUTHORITIES. 171

lasting before that the ordinance of secession adopted by this con-
vention. I then briefly stated what this convention had done ; defined
the position which the State of Georgia had assumed as an independ-
ent sovereignty in the family of nations; invited the State of Louisiana
to co-operate with her, and all the seceding States to form a Southern
confederacy upon the principles of the Constitution of the United
States, and presented such reasons to the consideration of the con-
vention as appeared to me pertinent and persuasive to that end.

The address was respectfully listened to and was received appar-
ently favorably by the convention.

The president of the convention, the day after my reception, handed
me duly certified copies of "An ordinance to dissolve the union
between the State of Louisiana and other States,"* <fcc., of "An ordi-
nance to provide for the appointment of delegates to form a Southern
confederacy," &e., and of "A resolution in reference to the naviga-
tion of the Mississippi River, "f with a request that I should present
them to this convention as evidence of the disposition and intention
of the State of Louisiana to co-operate with Georgia and the other
seceding States in the formation of a Southern confederacy.

Those documents I have the honor now to present herewith to this
convention.

It is my duty, and with pleasure I discharge it, to declare to this
convention that I found the convention of the State of Louisiana in
perfect accord in feeling and sentiment with the State of Georgia as
to the objects of my mission, and that I was received and treated with
the kindest and most respectful consideration by the enlightened and
patriotic convention of that noble and chivalrous State.

In conclusion I tender to this convention my sincere thanks for the
honor which it has conferred upon me, and express the hope that the
manner in which I have discharged the delicate and responsible trust
confided in me will meet the approbation of this honorable convention.

All of which is respectfully submitted by your obliged fellow-
citizen,

WM. J. VASON.

Baton Rouge, March 15, 1861.
L. P. Walker:

The number for forts below the city will soon be completed. Have
issued orders for 1,000 twelve-months' men for Confederate Army.
Ready to transfer arms and munitions. Send agent to receive.
Arrangements should be made for pay of transportation of troops.

THO. O. MOORE.

Montgomery, March 15, 1861.
Governor T. O. MoORE,

Baton Rouge, La.:
Will send agent to receive arms, &c. Have no quartermaster at
command. Will you arrange for the transportation? It shall be
refunded.

L. P. WALKER,
Secretary of War.

• See January 26, p. 80. t See Series I, Vol. LIII, p. 617.

172 CORRESPONDENCE, ETC.

Baton Rouge, March IS, 1861.
L. P. Walker:

Should not the troops called for from Louisiana be mustered into
the service of the Confederate States at New Orleans? Shall the
State of Louisiana or the Confederate States furnish transportation
to Pensacola? Are the ofi&cers now in command of Louisiana troops
recognized by the Confederate Government? The withdrawal of
Captain Oladowski leaves us without an ordnance ofl&cer. Please
order him back. Answer by telegraph.

THO. O. MOORE.

Executive Office,
Baton Rouge, La., March 15, 1861.
L. P. Walker,

Secretary of War, Montgomery, Ala.:
Sir: I have issued the necessary orders in compliance with your
communication directed to me, dated March 9, 1861. I would respect-
fully suggest that the troops called for from the State of Louisiana
should be mustered into the Confederate States at New Orleans.
Shall transportation to Pensacola be furnished by the Confederate
Government, or is it expected the State of Louisiana shall do so ? I
would respectfully recommend that the regular force of two regiments
now mustered and being mustered into the service of the State of
Louisiana be adopted by the Confederate Government, and the
ofl&cers thus far appointed duly commissioned or others appointed to
said regiment. It is important, for the good of the service and
especially with a view to the defense of the Mississippi and the
approaches to the city of New Orleans, that an ofl&cer with the proper
rank should without delay be placed, in command of the, Military
Department of Louisiana. In the meantime I shall use all measures
at my command to place the armaments of Forts Jackson and Saint
Philip on a proper footing both as regards guns and garrisons. The
transfer of Captain Oladowski to Pensacola leaves the State and the
important arsenal of Baton Rouge without an ordnance oflficer. Such
an ofl&cer and artificers to prepare fixed ammunition are imperatively
needed. I have the honor to transmit to His Excellency the President
of the Confederate States a copy of the act authorizing the transfer of
the regular forces of this State. I would ask that Captain Oladowski
be ordered back to the ordnance department here, or that an eflacient
ofl&cer be sent in his place.

I remain, very respectfully, your obedient servant,

• THO. O. MOORE.

Dispatch just received. Our State expects to be relieved of all
expense for transportation. Sua., from the time the troops are received
by the Confederate States.

[Indodnre.]

AN ACT relative to the transfer of the regular military force of this State and
the arms and mnnitions of war acquired from the United States to the Provis-
ional Government of the Confederate States of America.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of Louisiana in Oenerai Assembly convened. That
the Governor be, and is hereby, authorized to transfer and cause to be
mustered into the service of the Provisional Government of the Con-
federate States of America the regular military force of this State,
organized under an ordinance of the convention of the people of
Louisiana passed on the 5th of February, in the year 1861.

CONFEDERATE AUTHORITIES. 173

Sec. 2. Be it fwrther enacted, &c., That the Governor be, and is
hereby, authorized to transfer to said Provisional Government all the
arms and munitions of war acquired from the late United States, or
so much thereof as he may think proper, the said Provisional Gov-
ernment undertaking to settle for the same with the United States.
Sec. 3. Be it further enacted, &c.. That the Governor be, and is
hereby, authorized to grant permission to the volunteer troops of this
State to volunteer for services in the Provisional Army of the Con-
federate States of America.

Sec. 4. Be it further enacted, &c., That this act shall take effect
from its passage.

C. H. MORRISON,
Speaker of the House of Representatives.
HENRY M. HYAMS,
Vice-President and President of the Senate.

Approved March 15, 1861.

THO. O. MOORE,

Governor.

AN ACT TnakiTig additional appropriations for the support of the Army for the
year enung the 1st of March, 1863.

Ths Congress of the Confederate States of America do enact, That
the following sum be, and the same is hereby, appropriated, out of
any money in the Treasury not otherwise appropriated, namely: For
the purchase of ordnance and ordnance stores, Ill0,000.

Approved March 16, 1861.

AN ACT authorizing the President alone to make certain appointments.

TJie Congress of the Confederate States of America do enact. That
during the recess of this Congress the President shall have power to
make appointments of such inferior officers as by the Constitution of
this Provisional Government the Congress has authority to vest in
him alone, anything in any law heretofore passed to the contrary
notwithstanding.

Approved March 16, 1861.

AN ORDINANCE to adopt and ratify the Constitntion of the Confederate States

of America. ■•

Be it ordained by the people of Georgia in convention assembled,
and it is hereby orSiinedby the avihority of the same, That the Con-
stitution adopted by the Congress at Montgomery, in the State of
Alabama, on the eleventh day of March, in the year of our Lord one
thousand eight hundred and sixty-one, for the "permanent federal
government" of the Confederate States of America, be, and the same
is hereby, adopted and ratified by the State of Georgia, "acting in its
sovereign and independent character."
Passed March 16, 1861.

GEO. W. CRAWFORD,

President.
Attest.

A. R. LAMAR,

Secretary.

174 CORRESPONDENCE, ETC.

Montgomery, March 16, 1861.
Governor Thomas O. Moore,

Baton Rouge, La.:
Will send ofl&cer to mnster troops in at New Orleans; also of&cer to
receive property. Will get you to furnish transportation. As it is
impossible to provide oflScers, the State ofl&cers now in command recog-
nized until others appointed. Oladowski is now captain in Confed-
erate Army, and much needed at Pensacola. If absolutely necessary,
will spare him a day or two.

L. P. WALKER.

Executive Office,
Jackson, Miss., March 16, 1861.
Hon. L. P. Walker:

Sir: Yours of the 8th instant received. The organization of the
Army of Mississippi is not yet complete. Thirty or forty companies
have been mustered into service. The material of which our volun-
teer army is composed I think will not enlist in the Regular Army of
the Confederate States. A considerable number of men might be
enlisted for the Regular Army if recruiting officers were sent here for
that purpose. Whatever I may have power to do you may rely on
being done to sustain the power and efficiency of the Confederate
Government. Write me fully if you expect the companies from Mis-
sissippi to become a part of the Regular Army.
Respectfully,

JOHN J. PETTUS.

[March 16 to 25 and April 1, 1861, — For correspondence between
Wigfall, Beauregard, Walker, and Cooper in relation to recruiting in
Baltimore, Md., see Series I, Vol. I, pp. 276, 278, 279, 281, 284.]

ExBCUTivB Department,

MiUedgeville, March 18, 1861.
Hon. L. P. Walker,

Secretary of War:
Dear Sir: Your communication in reply to mine from Savannah
is just received. I regret the embarrassments about the Georgia
regiments, but I do not see how I can turn them over on terms differ-
ent from those mentioned in my letter. The officers and recruits are
now in the pay of the State, and the officers not necessary to the com-
mand of the men are in the field, actively engaged securing other
recruits for the purpose of filling up the regiments. If you should
think proper to receive the regiments, you would have no further
embarrassments about troops from this State. I have delayed my
consent to have companies mustered into the service till the regiments
are received. Captain Lee's company forms an exception, as I was
informed you desired it for a special service. I sincerely desire to
give you as little embarrassment as possible. I must, however, insist
that the regiments be received before the volunteers enter the service.
I could furnish 250 recruits and 750 volunteers for Fort Pulaski and

CONFEDERATE AUTHORITIES. 175

as many more for Pensacola in a few days. The recruits are fine,
able-bodied men, and the regiments would soon be full if the oflScers
remained for a time at their recruiting stations. In the event I order
volunteers into the field I have not on hand at present a full supply
of accouterments, tents, knapsacks, &c., for them. I am having
them made as fast as possible. Will you expect that the State fur-
nish all these things; and if so, will the War Department pay for
them? We have on hand and on the way from New York quite a
supply of blankets and some clothing for soldiers. We have also
contracted for a considerable supply of bacon, &c. Will you take
and account for these supplies ? The bacon — about 500,000 pounds —
has not yet been paid for. If you take it I prefer you pay the venders
for it.

Hoping that you will receive the regiments upon the terms men-
tioned in my letter from Savannah, and that no future cause of
misunderstanding may exist,

I am, very respectfully, «fcc.,

JOSEPH E. BROWN.

Executive Office,
Baton Rouge, La., March 18, 1861.
L. P. Walker,

Secretary of War, Montgomery, Ala.:
SiK: Your dispatch of the 16th instant just received, stating that
you would have officers here to receive and muster the troops into the
Confederate Army and take charge of the property to be transferred.
We shall soon have the 700 three-years' men mustered, and hojw they
will be kept at the forts below the city, as they are, I believe, becom-
ing well acquainted in artillery exercise, which is essential. The 1,000
infantry required I hope will soon be raised for twelve months. That
time was thought best, as enlistments could be more readily made
than for a longer period. You will be advised as to the time neces-
sary for the officers to receive them to be here. You will be expected
to take charge of the troops and furnish transportation to their place
of destination.

Your obedient servant,

THO. O. MOORE.

If you think it necessary I could raise another regiment for three
years now, I believe, by taking a little more time, pajticularly if I
should be permitted to select the officers, as by that means we enlist
in the matter some very active men. Let me hear from you.
Yours, &c.,

THO. O. MOORE.

Baton Rottgb, March 18, 1861.
L. P. Walker:

Will you accept eight companies (800 men) of artillery? Our law
authorizes the raising of that number. Are a colonel, major, surgeon,
and three assistant surgeons accepted ? Transportation must be fur-
nished by the Confederate Government.

THO. O. MOORE.

176 COEBESPONDKNCE, ETC.

Jackson, March 18, 1861.
Hon. L. P. Walker:

Is complianc« with your requisition of the 9th — now out eight days
on the way — ^yet wanted? Will transjwrtation be provided from
Mobile?

JOHN J. PETTUS.

Charleston, March 18, 1861.
Hon. L. P. Walker,

Secretary of War:
I understand that it has been written from Montgomery that no
officer will be appointed unless i)ersonal application be made for the
appointment. I suppose this surely cannot be so, for many delicate
and sensitive gentlemen of the highest merit will not apply personally,
and besides, many who are now appointed in the service of the State
consider their honor committed to the State, and that it would not be
right to apply personally for an office elsewhere unless they are sanc-
tioned by the State authorities in so doing, but are anxious to go into
the Confederate service by arrangements made through their consti-
tuted authorities.

Very respectfully, your obedient servant,

F. W. PICKENS.

Confederate States of America, War Department,

Montgomery, March 19, 1861.
His Excellency A. B. MooRE,

Montgomery, Ala.: ,
Sir: In reply to your communication of this date* I beg to say that
as the troops are organized when they are mustered into the service of
the Confederate States so they will remain — ^that is to say, if they
come in as companies they cannot afterward enlarge their organiza-
tions into battalions or regiments. With reference to the term of
service, if there shall be peace and no prospect of war, there would
hardly be any necessity for keeping the twelve-months' volunteers in
service after these facts shall be ascertained.
Very respectfully,

L. P. WALKER.

Baldwin, March 19, 1861.
Hon. L. P. Walker:

Your letter of the 9th just received. I will furnish the troops
promptly. Will write you fully.

M. S. PERRY.

Montgomery, March 19, 1861.
Governor Thomas 0. Moore,

Baton Rouge:
The requisition was for 1,700 men — 700 for forts, balance for Pensa-
cola, the troops now in forts being a part. No necessity for so many

*See Series I, Vol. I, p. 452.

CONFEDERATE AUTHORITIES. 177

artillerymen, but special objection not made. To complete comple-
ment for forts take from artillery, unless now organized into regi-
ments; colonels and majors not needed. Surgeons and assistants not
received. OflScer Gait leaves to-day to provide transportation, and
will muster into service at New Orleans. He is instructed to report
to you his arrival at New Orleans.

L. P. WALKER.

Baton Rouge, March 19, 1861.
L. P. Walker:

Is the requisition made by you on the 9tli to be considered addi-
tional companies to the regular army of this State, or does it refer to
the regiments of artillery and infantry now being organized in the
regular army of the State ? Answer immediately.

THO. O. MOORE,

Governor.

Montgomery, March 10, 1861.
Governor Thomas O. Moore,

Baton Rouge, La. :
The requisition is only for 1,700 troops in all — 700 for the forts and
1,000 for Pensacola. You can supply them from whatever source you
prefer. They will constitute part of Provisional and not Regular
Army.

L. P. WALKER.

Executive Office,
Baton Rouge, La., March 19, 1861.
L. P. Walker,

Secretary of War, Montgomery, Ala.:
Sir: In my lett«r yesterday I did not refer to the paragraph in
your dispatch of the 16th in which you say "the State officers now
in command recognized until others appointed." I infer from that
that the officers who have been and will be appointed by me to their
various ranks in the State army, when transferred into the Army of
either the provisional or permanent Government of the Confederate
States, are to be superseded by other appointments, to be made by the
Department at Montgomery. If I am correct in my inference I beg
to remonstrate against this act as being neither just nor proper, and
to say that if it were so it would create great dissatisfaction among
the officers and troops and in the State at large, for the gentlemen
appointed were submitted to an examination by a board of military
officers and received their recommendation, and I therefore am
desirous of being informed as to what course the Department will
pursue in this matter and request a full and direct answer, I tele-
graphed yon to-day to know whether from the tenor of your communi-
cation of the 1st of March instant, and the requisition made by you
on the 9th instant for 1,700 men, they were required as an additional
force to the two regiments now being organized in the army of the
State, to wit, artillery and infantry. From your requisition I have
issued orders for the raising of 1,000 men of infantry into companies,
to be mustered into the service of the Confederate States for twelve

12 R R — SERIES IV, VOL J

178 CORRESPONDENCE, ETC.

months, unless sooner discharged. I inclose copy of the order. * This
order may be changed to-morrow to three years, after consultation,
as the State army is enlisted for three years. Both the State army
and the addition of 1,000 men, I believe, can be raised, but their
transportation must be provided for. Let me know your views dis-
tinctly and clearly on the subject, so as to create no difficulty in the
matter. It has been mentioned publicly here on the street — the mat-
ter of a change of officers of the companies after leaving the State —
and I must say that the move would, I think, be very injudicious and
cause much trouble.

Very respectfully, your obedient servant,

THO. 0. MOORE.

War Department, Adjutant-General's Office,

Montgomery, March 19, 1861.
Capt. John M. Galt:

Sir: The Secretary of War directs that you proceed with the least
delay practicable to New Orleans for the purpose of mustering into
service the troops called out from the State of Louisiana and provid-
ing them the necessary transportation to their destination. The num-
ber thus called into service, including the number now serving in
Forts Jackson and Saint Philip, on the Mississippi River, is 1,700.
Of this number 1,000 are to be sent to Pensacola Harbor to report to
Brigadier-General Bragg, and the balance to furnish garrisons for the
forts above named. The offer made by the Governor of Louisiana is
a regiment of infantry and 800 artillery. The number to be required
and mustered into service, whether infantry or artillery, or both,
must, therefore, be 1,700, less the number now serving at the forts.
This last number (at the forts) you can obtain on applying to Briga-
dier-General Westmore, in New Orleans. It is desirable that both
the infantry and artillery should be received with simply company
organization, but should they have regimental organization under the
State law they must be so mustered, but not to exceed the numbers
already stated. It is also desirable that the number to be sent to the
forts should be of artillery, and that 1,000 for Pensacola Harbor should
be composed of both artillery and infantry, say 600 infantry and 400
artillery. You will immediately on arriving at New Orleans report
by telegraph to the Governor of Louisiana at Baton Rouge the orders
here given. You will confer with Captain Frazer, of the infantry, to
act conjointly with him in carrying into effect these instructions. You
will receive the necessary funds for the purpose of transportation;
I am, very respectfully, your obedient servant,

S. COOPER,

Adjutant- General.

Montgomery, March 19, 1861.
Governor John J. Pettus,

Jackson, Miss.:
Requisition yet wanted. Transportation provided from Mobile.
Telegraph departure of troops.

L. P. WALKER.

♦Omitted.

confederate authorities. 179

War Department, Adjutant-General's Office,

Montgomery, March 20, 1861.
Maj. Gaston Coppens,

Montgomery, Ala.:
Sir: I am instructed by the Secretary of War to inform you that
the Government will receive into the service of the Provisional Armj'
of the Confederate States the battalion of zouaves tendered by you,
to consist of not less than 400 or more than 500 men, with a proper
proportion of commissioned and non-commissioned ofiQcers, to serve
for a period of twelve months, or during the war, unless sooner dis-
charged. Such uniform clothing as may be furnished by the bat-
talion will be hereafter settled for by the Government at the rates
and prices to be fixed for the Regular Army.

I am, very respectfully, your obedient servant,

S. COOPER,

Adjutant- General.

Montgomery, March 20, 1861.
Governor Joseph E. Brown,

Savannah :
No reply to my requisition for troops. Will they be furnished,
and when ? Circumstances require immediate answer.

L. P. WALKER.

Confederate States of America, War Department,

Montgomery, March 20, 1861.
His Excellency J. E. Brown,

MiUedgeville, Oa.:
Sir: I have the honor to acknowledge the receipt of your commu-
nication of the 18th instant. In reply I can only repeat what I have
already said in previous letters. If there be companies organized and
tendered they will be received as companies into the Provisional
Army. If batteries are organized and tendered they will be received
as such, and so also with regiments; but to receive either a company,
battalion, or regiment not organized and in existence would do such
violence, as I conceive, both to the letter and the spirit of the law as
to put it altogether out of the question. I sincerely regret to be
compelled to make this answer, both because I am anxious if possi-
ble to oblige Your Excellency and because we need the^ troops, par-
ticularly at Pensacola, without a moment's delay*. In reply to your
inquiry I state that all tents, accouterments, &c., which may be
transferred to this Government and received by it would be paid for.
Should your State make such transfer an officer will be appointed to
inspect the articles, and if suitable receive them.

I have the honor to be, very respectfully, your obedient servant,

L. P. WALKER.

Savannah, March 20, 1861.
Mr. President and Gentlemen of the Convention:

I herewith report, to you the result of my mission to the State of
Tennessee :

In discharging the duties imposed upon me by the commission, I
visited Nashville, the capital, on the 9th of February last, having

180 CORRESPONDENCE, ETC.

been detained a week on the waj- by injuries to the railroad, and
found that the Legislature, which had been convened by the Executive
in extra session, had adjourned on the 4th.

The act of the Legislature calling the convention provided that the
question of "convention" or "no convention" should be submitted
to the popular vote at the ballot box. The result of that vote was a
majority of 10,000 against having a convention. The only means,
therefore, of offleial communication with the people of Tennessee left
me was with the Governor, to whom I presented the ordinance of
secession and the resolution inviting the co-operation of Tennessee,
together with the other border slave States, with the seceding States
in the formation of a Southern confederacy.

I was kindly received by His Excellency Governor Harris, who
deeply deplored the result of the election in Tennessee, and warmly
indorsed the action of Georgia in dissolving her connection with the
Federal Government. He expressed the opinion that the withdrawal
of Tennessee from the Government of the United States and its union
with the Confederate States of America was only a question of time,
and in this opinion other distinguished citizens, and among them
Governor Henry S. Fo.ote, who boldly vindicates the cause of the
South, concurred. The election was not regarded as indicating any-
thing more than the desire which was felt and the hope that was
cherished by the Union party that the Border State Convention, then
in session at Washington, would adopt some plan of adjustment of
the pending difficulty, not onlj'^ satisfactory to the Border States but
to the entire South, for the opinion was entertained by many that
the Southern States had seceded with the view of reconstructing the
Government and the obtainment of the constitutional rights and
guaranties upon which they insisted in such reconstruction. I cor-
rected this mistake as far as circumstances enabled me to do so, and
announced that the separation was final and irrevocable, and that
whatever line of policy Tennessee might adopt in the future this fact
is to be regarded as settled. I announced also that the people of
Georgia were a unit in maintaining the action of this convention in the
adoption of the ordinance of secession. I assured those with whom I
communicated that it was a great mistake to suppose that the action
of Georgia was the result of a reckless popular impulse, but that it
was the high resolve of patriots determined to die freemen rather than
live slaves. These assurances, together with the fact that the
Southern States have repudiated the reopening of the African slave-
trade, and indicated the policy of raising revenue by duties on
imposts, and not by direct taxation, gave our friends great confidence
in the success of the movement and had a conciliatory influence
upon those hostile to it.

The opinion prevailed almost universally at the time I left Nash-
ville that the action of Tennessee would be determined by the action
of the Border State Convention and of the convention of Virginia.
My own opinion is that Tennessee will be governed by Virginia upon
this subject, and that perhaps all the border slave States will be con-
trolled by the same influence. Some, however, of our more sanguine
friends entertain the opinion that the next election, which wiU take
place in August next, will settle the question in Tennessee in favor
of the South. Upon the whole, niy judgment is that when the people
of that State realize fuUy the fact that they are reduced to the
alternative of taking the chances of subjection to the domination of
relentless Republicanism or the enjoyment of equality and independ-

CONFEDERATE AUTHORITIES. 181

ence with a great people with whom they are identified in interest,
institutions, and destiny they will not hesitate to pursue that course
dictated alike by honor and patriotism, and determine to unite their
fortunes and destiny with those of the Confederate States.

H. P. BELL.

Executive Office,
Baton Rouge, La., March 20, 1861.
Hon. L. P. Walker,

Secretary of War, Confederate States, Montgomery, Ala.:
Sir : From the dispatches received by me from your Department I
am at a loss to conceive precisely what is required in regard to the
reception of the troops of this State into the Confederate Army, and
these have created quite a dissatisfaction with the officers who have
been commissioned by me, and are likely to cause difficulties and
annoyances which will be embarrassing both to this State and the
Confederate States. I have deemed it proper to send an officer with
full instructions and powers to confer freely with you upon this sub-
ject, and have with you a clear and distinct understanding in regard
to the reception of the two regiments of artillery and infantry now
being organized with the field, staff, and company officers into the
provisional forces of the Army of the Government of the Confedei-ate
States, and with the view to have the same mustered into the service
at New Orleans by an officer designated by the Department. The
artillerj', so far as organized, will be transferred immediately. The
infantry is now being organized, and will be turned over so soon as
completed.

Very respectfully, your obedient servant,

THO. O. MOORE,

Governor of Louisiana.

Montgomery, March 21, 1861.
Governor J. E. Brown,

MUledgeville, Ga.:
Your letter received yesterday after I dispatched you. It was
answered at once.

L. P. WALKER.

Savannah, March 21, 1861.
General L. P. Walker:

Saw Governor B[rown]. His temper and objects good. Will send
you the 1,000 men for Pickens immediately. Shall he delay any of
them to wait a few days for accouterments? Answer. You misun-
derstand him about his two regiments. He raised them under ordi-
nance of State. Has 600 or 700 men raised for all the companies of
both regiments. No company full. He is willing to turn them over
to you, with enough officers for their command, as parts of regiments,
and as the regiments fill up continue to turn over until both regi-
ments full— for your Provisional Army, not your Regular Ai-my. I
think he is right. Do you agree to it? Answer to-night if you can.
Will write to-morrow.

R. TOOMBS.

182 correspondence, etc.

Confederate States op America, War Department,

Montgomery, March 21, 1861.
His Excellency Francis W. Pickens,

Charleston :
Sir: In reply to your note of the 18th instant I beg to say that yon
were entirely right in supposing that the written statement to which
you refer in regard to appointments by this Department was incor-
rect. No rule requiring personal application has been adopted by or
announced from this Department, and the selection of any ofiBcer
known to be meritorious would in no degree be afEected by his omis-
sion to make such application. Of course, under this practice any
officer in the service of South Carolina whose services might be needed
by this Government, and whose competency known to it, would be
appointed whether application had been made for him or not. It is
proper to add that while, as you are aware, a considerable number of
appointments has been made, there remain yet to be officered four
entire regiments of infantry, and that the Artillery and Engineer
Corps and the staflf are still incomplete.

Very respectfully, your obedient servant,

L. P. WALKER,
Secretary of War.

Executive Department,
Montgomery, Ala., March 21, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: The Governor directs me to forward the inclosed communica-
tion to your Department, with the request that you have the goodness
to lay it before the President.

I have the honor to be, with distinguished consideration,

J. J. SEIBELS,

Aide-de-Camp.

[Inclosure.]

Albuquerque, N. Mex., February 15, 1861.
His Excellency Governor A. B. Moore,

Montgomery, Ala.:
Sir: Our communication with the States is so very irregular that I
can form but a very indefinite idea as to what is. to be the result
of the troubles now agitating our country. I presume, however,
that Alabama is out of the Union ere this. I desire, therefore, to
tender through you my services to her, should she need a soldier who
has seen hard service. I am the senior officer of the army, from Ala-
bama, and should be the first to offer her such assLstance in my pro-
fession as I may be able to render. I should have returned to my
State in anticipation had it been possible to do so, but a severe winter
season and the hostile attitude of the Indians between this and the
settlements render the trip next to impossible.

With the greatest respect, I remain, very respectfully, your most
obedient servant,

JAMES LONGSTREET,

Major, U. S. Army.

confederate authorities. 183

Mayor's Office,
Athens, Ala., March 22, 1861.
Hon. L. P. Walker:

Dear Sir: I have long since been convinced that the seceded
States acted wisely in withdrawing from the Union. At first I
objected with great earnestness to their position and subsequent
actions, but upon maturer reflection I became convinced that they
were right, and that I, with many others who opposed them, was
wrong. You may be aware of the ■ fact, sir, but if not you are
respectfully informed, that I am editor of the Union Banner and
mayor of Athens. These positions commit me to reconstruction,
which I confess most sincerely is a matter entirely foreign to my
wishes, desires, or hoi)es, and I have accordingly entertained the
strongest temptation to avow them through my paper with the facts
above stated, but the risk of pecuniary loss occasioned by such a
move, I must confess, whether right or wrong, presents very weighty
motives for giving the matter due consideration, for the reason alto-
gether that I have a family depending upon my personal efforts for
maintenance. The semblance of opposition to the Confederacy which
now engages my attention is already exciting suspicions of my sound-
ness on reconstruction, but not to an extent to injure me materially
as yet ; but this or any other kind of hypocrisy operates very much
against my feelings and principles, and I have therefore taken the
liberty, predicating it upon the slight acquaintance I have with you,
to lay the matter before you with the view to solicit your advice and
counsel, and at the same time your personal consideration after I
shall have published the facts hereinbefore mentioned, which I sin-
cerely trust you will give me at your first leisure moment. It may
not be amiss to state the fact that I was born and raised in Virginia,
where I received a military education, and that for eighteen years I
have held a captain's commission, having been in active drill in Vir-
ginia and North Carolina during the time.

Do me the favor, sir, to reply to this note at your first leisure
moment, and believe me to be,

Very respectfully, your obedient servant,

A. B. HENDREN.

Barrancas Barracks, Fla., March 22, 1861.
General S. Cooper,

Adjutant- General C. S. Army, Montgomery,:

General : It is due to my recent command in Louisiana that the
officers should be brought to the notice of the appointing power, that
their claims may be considered in filling our permanent service.
Many of them, under the impression that the regiments might be taken
as a whole, will never make an application or express a desire, when
in reality they are exceedingly anxious to remain in service. Much
pains was taken in selecting them, and nearly all were subjected to
an examination by a competent board, so that I feel confident the
service will be benefited by selecting freely from them in any appoint-
ments made from Louisiana. For ability, education, moral character,
and high social position, with few exceptions, they will compare favor-
ably with the best young men of the South. Many of them have
abandoned other good professions with a view of remaining in the

184 CORRESPONDENCE, ETC.

Army, and I should be pleased to see their zeal rewarded by a recog-
nition from the Department. I shall regard it a favor to have the
Secretary's attention drawn to the subject unofficially when occasion
oilers. We remain without change, but a report says re-enforcements
are near — probably be in to-morrow. Your arrival amongst us is
hailed with universal satisfaction.
Most respectfully, youi'S,

BRAXTON BRAGG.

Montgomery, March 22, 1861.
Hon. Robert Toombs,

Savannah :
Governor B[rown] can delay troops for Pensaeola few days for
aceouterments. Let the delay be as short as possible. Companies,
battalions, and regiments must be organized, if wish to retain indi-
viduality, before mustered into service. There is no law to receive
fractions of either as a whole, to be afterward completed. The size of
regiment will be controlled by State ordinance. Whatever that
determines to be full complement is recognized here. Less than the
number required by your law to constitute a regiment could not be
received as one into Provisional Army.

L. P. WALKER.

Charleston, S. C, March 22, 1861.
Hon. L. P. Walker:

A statement is published in one of the papers this day of officers
appointed in the Army of the Confederate States. It is believed to be
without foundation, but it is producing great excitement. If it has
been made public without authority it would be advisable to telegraph
back that information.

A. G. MAGRATH.

Montgomery, March 22, 1861.
Hon. A. G. Magrath,

Charleston :
The list was published by authority in yesterday's papers. That of
the day previous was erroneous in many respects. I hardly see why
there should be any special excitement. The list is partial, net
embracing more than one-sixth of the appointments to be made, hav-
ing been compelled to suspend for the present, owing to more pressing
engagements. My letter to Governor Pickens, written yesterday, will
probably satisfy you and others upon what is supposed to be the point
of apprehension.* This dispatch is not intended for publication in
the papers.

L. P. WALKER.

Savannah, March 23, 1861.
L. P. Walker:

Can do nothing on your basis to arrange military affairs with Gov-
ernor BFrown].

R. TOOMBS.

*See p. 182.

CONFEDERATE AUTHORITIES. 185

Resolved &?/ the people of Georgia in sonvention assembled, That
the Governor of this State is hereby authorized to tender to the Gov-
ernment of the Confederate States of America, under the provisions
of an act of Congress " to raise provisional forces for the Confederate
States of America, and for other purposes," the regular forces of this
State provided for by an ordinance of this convention.

Resolved further. That the President of the Confederate States be
requested to receive into the service under the act aforesaid all the
men now enlisted, with the officers necessary to command them, by
companies or battalions, and the remainder of the force as they may
be received, with their officers, until each of the two regiments now
being raised is completed, when the whole force, with their officers,
shall form as regiments as part of the said Provisional Army for the
term of the enlistment of the war.

Resolved further, That the Governor be authorized to continue the
recruiting service by the officers now required for the command of the
troops proposed until the regiments are completed, provided that a
longer time than four months from this date be not allowed for this
purpose; and provided further, that the Governor be authorized to
disband the said regiments if not transferred to Government of the
Confederate States.

Adopted March 23, 1861.

GEO. W. CRAWFORD,

President.

Attest.

A. R. LAMAR,

Secretary.

Montgomery, March 23, 1861.
Governor John J. Petttjs,

Jackson, Miss.:
The troops now required of your State are not for the Regular but
for the Provisional Army. They come in with their own officers, either
in companies, battalions, or regiments, as they are organized at the
time they are mustered into service. They will serve for not less than
twelve months, and will be commanded by such general officer as the
President may appoint. Shall be glad to know by telegram when I
may expect them.*

L. P. WALKER.

Charleston, March 23, 1861.
Hon. L. P. Walker,

Secretary of War:
SIR: I received this morning yours dated 21st instant, and am glad
to know that "personal application" is not necessary for appoint-
ments. You will recollect that I stated in a previous communication
that every captain I had appointed in the regular enlisted forces of
South Carolina had either served as officers through the Mexican war
or were graduates of West Point, and had been officers in the U. S.
Army. There is but one exception to this, and that is Captain Martin,
who is a verj' intelligent and thorough officer of great merit. The

*For reply, see Series I, Vol. LII, Part II, p. 30.

186 COEEESPONDENCE, ETC.

lieutenants are for the most part graduates of our own State acade-
mies, and well drilled and educated, except a few, who were likewise
in the Mexican war, and a few who were entire civilians, without any
previous military education. But I perceive by the list of appoint-
ments made by the President that most of these civilians have been
appointed in the Confederate Army. The President has also appointed
a civilian of this State as major of artillery. There is no doubt of his
being a gentleman of great merit, and I had offered him a captaincy,
which he declined. I only mention this to illustrate the grounds upon
which I made appointments in the regular service of this State. I
would appoint no one from civil life higher than lieutenant, and offered
no appointment to any civilian higher than lieutenant except the
single one the President has appointed major of artillery. I also see
another gentleman appointed from this State from civil life first lieu-
tenant in infantry whom I had appointed only second lieutenant
because of his youth and having no military education or experience,
and at the same time several who have been in service and have
received a thorough military education are appointed by the Presi-
dent second lieutenants under him. I perceive a good many such
cases, and I most respectfully suggest that such things must neces-
sarily produce disorganization in the force I have organized here with
so much pains and with such strict regard to military experience or
education. I did so knowing that I caused offense among many gen-
tlemen of influence in civil affairs; and now, when the rule is reversed
at Montgomery, it will, I fear, produce dissatisfaction with the enlisted
force which I have organized here, and I only mention it by way of
excuse for the complaints that may, perhaps, reach you. Not that I
desire to suggest at all that any gentleman who has received an
appointment from the President is not entirely worthy of it (because
I really believe they are worthy of it personally), but I merely suggest
it as the reason why complaints may be made and some temporary
excitement may prevail, but I trust it may only be temporary, par-
ticularly as you state "four other entire infantry regiments" are to
be officered in full yet, and the artillery of&cers have not all been
appointed.

Our convention meets in a few days, and I most respectfully suggest
that perhaps it may suit the Confederate Government to receive the
regular enlisted force of this State into service, to be located as a gar-
rison force for the forts in this harbor, and also to garrison a fort at
Beaufort and one at Georgetown. They are enlisted for a year, and
I think such an arrangement would perhaps satisfy all. Those who
desired to be appointed into the regular service of the Confederate
States, and whose merits or claims might be recognized by the Presi-
dent, might receive appointments and enter into that service. I have
a battalion of artillery, in command of Lieutenant-Colonel Ripley,
of the best material, and they have been trained for three months at
the heavy batteries and guns in the best manner. No force at present
in the Confederate States could be relied on for more efficiency than
this.

Very respectfully, your obedient servant,

F. W. PICKENS.

Charleston, [March] 23, 1861.
Hon. L. P. Walker:

The publication of the corrected list to-day removes much of the
excitement produced yesterday by the publication of the incorrect

CONFEDERATE AUTHORITIES. 187

list, and we hope it will subside now altogether. The assurances that
the Governor gave yesterday that the list was incorrect had also its
proper influence.

A. G. MAGRATH.

AN ORDINANCE to ratify the Constitution of the Confederate States of America.*

The people of the State of Texas assembled by delegates in convention
ordain, That the Constitution of the Confederate States of America,
adopted March 11, lh61, by the Congress of the Provisional Govern-
ment of said Confederacy for the permanent government thereof, sub-
ject to ratification by the respective States, is hereby ratified, accepted,
and adopted, for the purposes therein expressed, on the part of this
State, acting in its sovereign and independent character.

Adopted in convention at the city of Austin on the 23d day of
March, A. D. 1861.

Confederate States of America, War Department,

Montgomery, March 2Jf, 1861.
Hon. A. B. Hendren,

Athens, Ala.:
SIR: The Secretary of War instructs me to reply to your letter of
the 23d [22d] instant, and to express to you his sympathy for you in
the embarrassments in which you are placed. He thinks, however,
that by far the safest and best plan you can pursue is boldly to
announce and advocate your real views in regard to the new confed-
eration. There are many reasons for this, one of the most potent of
which is the undeniable fact that this Government is already estab-
lished beyond doubt, and is rapidly taking aboard in public estimation
the dimenpions and form of a first-rate power. As a consequence,
opposition to the cause of independence and advocacy of reconstruc-
tion maj' very soon assume the character of a grave political crime,
odious though not legally punishable. That this will soon make it
tangible to the good sense and patriotism of all the people of your
section the Secretary does not doubt, and he therefore thinks that the
very earliest moment at which you begin to use your talents and
influence, social and political, to bring about perfect acquiescence in
the actualities of the day will be the best moment for the good of
your section and your own fame and fortune. The Secretary further
instructs me to say that at all times when in his pow^r he will be
happy to serve you.

Respectfully, your obedient servant,

J. J. HOOPER,

Private Secretary.

Montgomery, March 2^, 1861.
Governor J. J. Pettus,

Jackson, Miss.:
It is desired, if practicable, that arms and ammunition and camp
equipage should be sent.f

L. P. WALKER.

*From Journal of the Texas Convention.

t This in reply to Pettus, Series I, Vol. LII, Part II, p. 30.

188 CORKESPONDENCE, ETC.

General Orders, ) War Dept., Adjt. General's Office,

No. 1. \ Montgomery, March 25, 1861.

Lieut. Col. A. C. Myers, of the Quartermaster's Department, is
announced as Acting Quartermaster-General of the Army of the Con-
federate States, and will be obeyed and respected accordingly.
By command of the Secretary of War:

S. COOPER,

Adjutant- General.

Confederate States of America, War Department,

Montgomery, March 25, 1861.
His Excellency Thomas O. Moore,

Baton Rouge, La.:
Sir : Your communications of the 1 9th and 20th instant are received.
Let me in reply so state the case that there can be no further misap-
prehension. AH the troops called for are to go into the Provisional
Army of the Confederate States. This Provisional Army is no part
of the Regular Army; this latter will be recruited for during the
year, and its formation must necessarily be too slow for our present
exigencies. It was this consideration which prompted the Congress
to provide for the Provisional Army, composed, as it will be, of two
classes of troops : First, those already in the service of the States and
organized, either in companies, battalions, or regiments, and as
so organized transferred by the States to this Government; and sec-
ondlj', of volunteer organizations not in the service of the States, but
whose services are tendered to this Government with the consent of
the States. In either event, however, as they are organized and offi-
cered when the tender is made and when they are mustered into serv-
ice so they will remain during their term of service. If they are
mustered into the service as companies they will retain their com-
pany organization; if as battalions, they will remain battalions, and
so of regiments ; and they will continue under the command of their
own officers, with the single qualification that their officers will be
subject to the command of such "general officers" as may be assigned
to that duty by the President.

Respectfully, your obedient servant,

L. P. WALKER.

Montgomery, J^arch 26, 1861.
Governor M. S. Perry,

Tallahassee, Fla.:
Transportation will be arranged from Columbus, Ga., for your
troops.*

L. P. WALKER.

Macon, Ga., March 26, 1861.
Hon. L. P. Walker,

Secretary of War, Montgomery:
Sir: In the month of January last a number of gentlemen of this
city, learning that the supply of ammunition (powder, lead, &c.) was
very scant not only here but in Savannah, Augusta, &c., and at

*This in reply to Perry, Series I, Vol. LII, Part II, p. 30.

CONFEDEBATK AUTHORITIES. 189

which time, you will remember, intense anxiety was felt about public
affairs, not knowing what to expect from Washington City, made up
a purse for the emergency of nearly $3,000, sent a special agent, and
purchased ammunition and brought it to this place, to be used as
occasion might require. It was brought overland from Norfolk, "Va.,
purchased in Baltimore of agents of Du Pont, of Wilmington, Del.,
except some of the lead, which was bought in Savannah and Augusta,
all of which is now in magazine and store here, and statement of
amount of each herewith inclosed.* So prompt and effective have
been the means of defense by our energetic new Government that it
is thought unnecessary to keep it here longer by parties interested in
the purchase, and on conferring with Governor Brown he has sug-
gested that the Government of the Confederate States will take it,
and it is with that view that I address you this communication in
behalf of all concerned here. We would be glad if it would suit the
Confederacy to take it. The powder was made by Du Pont & Co., of
Wilmington, Del., whose reputation is not unknown to you, and we
are satisfied of superior quality, and purchased at as low price, we
presume, as any of similar quality for some time past. The inclosed
bill of it is actual cost, except the freight, which was advanced by our
city. I would respectfully ask if it would suit you to take it. I am
not prepared just now to furnish statement of freight, but will, if
desired. I have not yet seen the freight bills. I presume William
B. Johnston, esq., of this city, is now in Montgomery on business for
the Government, and to whom I would respectfully refer. He is well
known to Mr. Memminger, Secretary of the Treasury. If Mr. John-
ston has left I would refer to Sterling Lanier, esq. , of the Exchange
Hotel, or Col. C. T. Pollard, president of the Montgomery and West
Point Railroad.

An early answer will oblige your obedient servant,

P. E. BOWDRE.

I would add that it is proposed to let the Confederacy have it at
actual cost and freight.

Confederate States of America, War Department,

Montgomery, March 26, 1861.
His Excellency Francis W. Pickens,

Charleston, S. C. :
Sir: Your communication of the 23d instant is received. In the
published list of appointments in the Army, to which you refer, I do
not doubt tliat some grave errors exist, the result of want of personal
knowledge of the applicants, and which under the circumstances
were unavoidable. Of course neither this Department nor the Presi-
dent had any other wish than to appoint the best men to the best
places. That we have failed in this in some instances, as seems to be
implied in your letter, could only have been avoided by one of those
rare accidents of good fortune sufficiently exceptional to be excluded
from the estimate of probabilities. So far as seniority or rank in the
army of South Carolina is concerned, that was not and could not be
regarded as controlling the appointments here, because there was no
comity requiring this Department to appoint in the Army of the Con-
federate States the officers of the army of South Carolina. Your

♦Statement (omitted) shows purchase of 9,971 poimds buckshot and lead, 10,350
pounds gunpowder.

190 CORRESPONDENCE, ETC.

criticism, therefore, in this particular strikes me as being untenable.
If you will consider the question in the light of the facts you will at
once perceive how impossible it would be to adjust the rule of
appointing all the officers in the State forces to that sense of justice
which, you will admit, underlies the rule adopted by this Depart-
ment, however unjustly it may operate in sjiecial cases. That rule
is, first, to provide for all the officers resigned from the Army of the
United States because of the secession of the Confederate States.
Now, if we adopted the rule to incorporate into the Army of this Gov-
ernment all the officers of the regular armies of the several States,
every officer resigned from the service of the United States would be
excluded, for there are more officers in the armies of Mississippi and
South Carolina than there will be in the Army of the Confederate
States.

It would, therefore, be impossible to recognize as right a rule oper-
ating with such injustice. The transposition, then, in the appoint-
ments here of officers now in the service of your State, by which their
relative rank in the army of South Carolina is changed, although to
be regretted, and possibly naturally creating some temporary per-
sonal dissatisfaction, ought not, legitimately, to "produce disorgani-
zation in the force " you have organized, I doubt not, with so much
pains. Should your convention transfer the regular enlisted force of
South Carolina to this Government, it is more than probable a large
proportion of that force would be employed in the manner you sug-
gest ; and when so transferred this force would constitute a part of
the Provisional Army of the Confederate States, and would retain,
with their officers, during the period of service, whatever organiza-
tion— whether of companies, battalions, or regiments — they might
have had before being mustered into service, except, possibly, the
company organization, which without a change of officers might be
resolved either into battalions or regiments under orders from this
Department.

With great consideration, your obedient servant,

L. P. WALKER,
Secretary of War.

Confederate States op America, War Department,

Montgomery, March 26, 1861.
Lieut. C. H. Craige,

"Sons of the South," of Memphis, Tenn., Mojdgomery, Ala.:
Sir: The Secretary of War instructs me to" express his deep regret
in formally announcing to you that this Department is constrained
by considerations which it cannot disregard to decline the patriotic
offer of your excellent corps, as made to the President of the Con-
federate States, to take service in the Provisional Army of this Confed-
eracy. The chief reason inducing this decision, as personally explained
to you, is that unless there should occur hostilities of some consider-
able duration the forces derived from the States of the Confederacy
are deemed ample for the defense of the country and all needful
military operations. It would have afforded this Government great
satisfaction to have been able consistently with the public interests
to accept the services of the "Sons of the South" without reference
to future contingencies; and next to that it would gratify the Secre-
tary of War if he could say that in the event of war so gallant a corps

CONFEDERATE AUTHORITIES. 191

would be first upon the list to be accepted. But there precede the
"Sons of the South" in priority of tender the following patriotic
military organizations, to wit: Captain Turney's company from Ten-
nessee, a volunteer regiment from Kentucky, and a volunteer regi-
ment from Tennessee. If, however, hostilities at all serious should
occur there is little doubt but that the causes which will make
necessary the services of the several last-mentioned organizations
will open the way for the acceptance of the services of the "Sons of
the South." In any such event you will be promptly informed of the
change in the condition of affairs. The Secretary of War directs me,
in conclusion, to tender to the officers and men of the "Sons of the
South," through you, the expression of his high appreciation and
esteem.

Respectfully, your obedient servant,

J. J. HOOPER,

Private Secretary.

Marion, Smyth County, Va., March 26, 1861.
Hon. L. Pope Walker,

Secretary of War, Confederate States:
Dear Sir: There is a company at this place who desire a contract
for shot and shell for your Government. They can manufacture,
with present force, three or four tons per week, and they can increase
their force, if a contract can be had, so as to manufacture an addi-
tional quantity. This point is immediately on the Virginia and Ten-
nessee Railroad, forty-four miles from Bristol, the western terminus
of the road. If your Government or the Department over which you
have control desire contracts of this character, I would be glad if you
would inform me. If a contract of this character can be had, the best
of references can be given.

Your obedient servant,

JAMES H. GILMORE.

Special Orders, ) War Dept., Adjt. General's Office,

No. 9. j Montgomery, March 27, 1861.

if if if if i( W' *

II. Lieut. Col. Lucius B. Northrop, of the Subsistence Department,
is assigned to duty as Acting Commissary-General of Subsistence.

By command of the Secretary of War :

S. COOPER,

Adjutant- General.

Montgomery, March 27, 1861.
Governor J. E. Brov^n,

MdledgeviUe :
Transportation from Columbus for 1,000 troops will be ready on
Wednesday next, presuming they will rendezvous at that point.*

L. P. WALKER.

* Probably in reply to Brown, Series I, Vol. LIT, Part II, p. 30.

192 CORRESPONDENCE, ETC.

MiLLEDGEViLLE, [Ilarch] 27, 1861.
Hon. L. P Walker:

Have already sent out the orders for the rendezvous at Macon on
Tuesday. Send officers to muster them into service.

JOSEPH E. BROWN.

Adjutant and Inspector General's Office,

Montgomery, March 28, 1861.
General Duff C. Green,

Quartermaster -General, Mobile:
General : Yours of the 25th are received. Inclosed you have copy
of ordinance which authorizes the Governor to sell Confederate States
all provisions, military and quartermaster's stores, not needed by the
State. Under this ordinance the Governor has agreed to dispose of
all the provisions, stores, &c. , belonging to the Stat«, except such as
may be required for the use of our own troops iintil they are discharged
or mustered into service of the Confederacy; and as that service was
in immediate want of subsistence, &c., it was thought advisable to
supply its requisitions to an extent which should not affect our own
wants, and when all our invoices had been received and Alabama
relieved of her troops by transfer or discharge, that the whole matter
could then be closed by the Confederacy taking the balance on hand
and accounting for what had been received on its requisitions. After
any of our troops have been received by the Confederacy, Alabama has
nothing more to do with them, and the Confederate Government is
bound to provide for them. Upon this principle the companies received
into the Confederate service should be subsisted from that time from
stores supplied on requisitions of its officers, and up to that time from
those furnished on the requisitions of our own. If this course is pur-
sued, and the stores, &c., not consumed by our own troops up to the
time of their discharge or transfer are inventoried and turned over to
the Confederacy, it would under the circumstances be the least objec-
tionable. The Governor, however, simply suggests this for your
consideration, leaving the details for your better judgment, with
instructions, however, to be sure and retain enough to meet the wants
of our recruits at Mount Vernon and our troops elsewhere until the
contingencies arise which have been referred to. In relation to
receipting for or merely making an inventory of stores as reported by
Colonel Echols, the Governor wishes you to ascertain that the stores
received correspond with those reported by Colonel Echols, and then
receipt to him. As regards sending boat to Fort Moi^an at the expense
of the State, the Governor can give no definite instructions. The State
is bound to furnish the supplies for troops in her service and to trans-
port them to Fort Morgan, and to this extent, and this only, she should
bear the expense. From the time the troops are in the Confederate
service the expense of transportation belongs to that Government.
You must use your own judgment as to keeping the boat in, acting as
you deem the best for the interest of the State. The information you
request as to the time of the arrival of the last company cannot at
this time be given with anj^thing like accuracy. It depends upon the
fact as to how many of the troops at Fort Morgan will (ionsent to be
transferred to the service of the Confederacy, and upon this point
there is no reliable information at this office. The Governor has
expected confidently that at least 400 of the troops at Fort Morgan,
when the requisition was made, would consent to be transferred, and

CONFEDKRATE AUTHORITIES. 193

his action in relation to the companies accepted has been based upon
that expectation. Should it not be well founded it will be a source
of great embarrassment. Every available means have been used to
obtain information on this point, but up to this time it has not been
received. Should you have any, telegraph me. I believe if your
questions have not all been answered the data have been given from
which you can furnish the answer.

Very respectfully, your obedient servant,

GEO. GOLDTHWAITE,
Adjutant and Inspector- General.

Montgomery, March 28, 1861.
Governor J. E. Brown,

MUledgeville:
Very well. Rendezvous your troops at Macon at time appointed.
Transportation provided from there. Three hundred will leave daily
until all are transported. This will prevent any detention here.
Arrangements accoi-ding to this programme have been perfected.

L. P. WALKER.

AN ORDINANCE to adopt and ratify the Constitution adopted by the conven-
tion at Montgomery, Ala.

Section 1. Be it ordained by the people of Mississippi in conven-
tion assembled, and it is hereby ordained by authority of the same.
That the Constitution adopted by the convention at Montgomery, in
the State of Alabama, in the year of our Lord one thousand eight
hundred and sixty-one, for the permanent Federal Government of the
Confederate States of America, be, and the same is hereby, adopted
and ratified by the State of Mississippi acting in its sovereign and
independent character, and the State of Mississippi hereby accedes
to and becomes a member of the Confederacy provided for in said
Constitution.
Passed convention March 29, 18C1.

WILLIAM S. BARRY,
President of the Convention.
E. P. RUSSELL,

Secretary.

Confederate States of America, War Department,

Montgomery, March 29, 1861.
P. E. BOWDRE, Esq.,

Macon, Ga. :
Sir: I am 'nstructed to reply to your letter of the 26th instant in
relation to the powder and lead purchased by the citizens of Macon,
and the Secretary of War directs me to state that for the present he
can only say that the subject shall be promptly submitted to the ord-
nance bureau of this Department as soon as that can be organized.
I am further directed to express the regret of the Secretary at his
inability to answer you more definitely at present.
Respectfully, your obedient servant,

J. J. HOOPER,

Private Secretary.

13 R R — SERIES IV, VOL I

194 correspondence, etc.

Confederate States of America, War Department,

Montgomery, March 29, 1861.
John D. Ridley, Esq.,

Blacksburg, Va. :
Sir: I am instructed by the Secretary of War to say, in reply to
your letter of the 25th instant, that no volunteer corps or troops of
any kind are at present received from points without the Confederate
States, and I am further instructed to say that the Secretary deeply
regrets that a gentleman entertaining sentiments so patriotic as yours
should be disappointed in your effort to serve the Confederate States.
Respectfully, your obedient servant,

J. J. HOOPER,

Private Secretary.

Confederate States of America, War Department,

Montgomery, March 29, 1861.
James H. Gilmore, Esq.,

Marion, Sm,yth County, Va.:
Sir: I am instructed by the Secretary of War, in reply to your let-
ter of the 26th instant, to state that this Department is not at present
desirous to purchase shot and shell. Your letter will be filed and due
consideration given to your proposition if the Department should
determine to make contracts hereafter.

Respectfully, your obedient servant,

J. J. HOOPER,

Privat-e Secretary.

Executive Office,
Baton Rouge, March SO, 1861.
Hon. L. Pope Walker,

Secretary of War, Montgomery, Ala.:
Sir: Captain Strawbridge has returned, and I have noted the con-
tents of your reply to my letter of the instant. Your requisition

of the 9tifi instant was for 1,700 men — 700 artillery and 1,000 infantry.
The artillery has partly been mustered into the service of the Confed-
erate States, and from your note I am induced to believe that unless
the men are mustered by regiments the field offtcers will not be recog-
nized. I have therefore issued an order authorizing the transfer of
the companies only when the regiments shall be* complete. In the
meantime, in order to comply with your requisition, the enlistment
continues, and I trust in a short time to present for muster a regiment
of good and able-bodied men. I have been informed that authority has
been granted by the Government at Montgomery to individuals in the
State to enlist men, either by companies, battalions, or regiments, for
the service of the Confederate States, and this without official commu-
nication having been given me as the Executive of this State. If this
be so — and I understand that one or two companies from New Orleans
(the Zouaves) have already been mustered under the authority given to
a Mr. Coppens — I have to express my astonishment and sincere regret
at the course pursued by the Government at Montgomery toward me.
Your requisition on me has not been denied, and I have used, and am
now using, every means to comply with it. I trust you will at once
admit that if a demand for volunteers from this State is required, I,

CONFEDERATE AUTHOBITIES. 195

as the Executive, should be first called upon. I further understand
these companies are to be considered as forming a part of the requisi-
tion made by you and not as additional troops. Be that as it may,
courtesy, if not right, should require sdme information of the fact to
me. I hope, sir, you will perceive the embarrassing and perplexing
difSculties in which such orders will place our soldiers and the oificers
who have sacrificed positions in civil life and were the first to answer
the call of the State of Louisiana to defend her rights; that you will
take immediate steps to countermand orders which may have been
issued to enlist troops in this State, unless emanating from the Exec-
utive thereof, which can only interfere with the enlistment of troops
authorized by me, and on your requisition, and create great dissatis-
faction.

I remain, with respect, your obedient servant,

THO. O. MOORE.

Address to the people of Texas.

Austin, March 30, 1861.
Fellow-Citizens :

The undersigned are a committee of the convention to prepare a
brief exposition of its proceedings, with reasons therefor, as an
address to the people for general information. The political crisis
arose from an irreconcilable diversity of opinion between the North-
ern and Southern portions of the United States of America as to rela-
tive rights. Separation of Southern from Northern States was the
leading object of the popular movement with a view to a consequent
confederacy of seceded States as the best raeanp, if not the only mode,
of securing essential and inalienable rights. In this State the public
mind was exercised by the question of our final separation from all
other States, but the idea of such a result had no favor and the appre-
hension of it was used as an argument against secession, while the
objection was met by the assured policy of a seceded confederacy.
Hence, with rare exceptions the advocates and opponents of immedi-
ate and separate secession of this State commenced and prosecuted
the canvass, differing on the leading proposition of secession, but unit-
ing in opinion that consummated secession should result in confed-
'eration as an incident. So the decision was on secession. Early in
the canvass public sentiment was entitled to prompt facility for its
authoritative expression, and a call of the Legislature was earnestly
claimed as the ordinary means. It is needless to recite any of the
known particulars of executive opposition to the secession movement,
but the substance of that opposition must always be in mind in order
to understand the popular action of this State. As a remedy against
executive dictation in our State government and against a ruinous
administration of the Federal Government the people had but one
mode of action that was prescribed by and for themselves in the dec-
laration of rights in our State constitution, as follows:

Section 1. All political power is inherent in the people, and all free govem-
ments are founded on their authority and instituted for their benefit, and they
have at all times the inalienable right to alter, reform, or abolish their form of
government in such manner as they may think expedient.

To attain the objects, and under the necessity before stated, the peo-
ple rose in their sovereignty and constituted a convention to be the
representation and instrumentality of their will. At the election of

196 COERESPONDENCE, ETC.

delegates, although held under utmost disadvantages, the aggregate
of votes for secession candidates, according to best information, was
over 32,000. The proceeding was extraordinary and returns were
irregular and incomplete of necessity from such an election, but reli-
able information showed for secession over 32,000 — more than half of
the largest poll ever given at an election in this State. In opposition
there were comparatively few votes. And many other circumstances
concurred in establishing the certainty that the secession sentiment
was far in the ascendency. Thus elected and for such purposes the
delegates assembled in convention at Austin the 28th of January.
Although at the time of the election South Carolina was the only
State that had completed secession, and many persons were deteiTed
from voting by apprehension that she might not be sufiftciently imi-
tated, yet the secession voters expected co-operation. Before the
meeting of the convention Florida, Georgia, Alabama, Mississippi, and
Louisiana had seceded, and Texas was the only exception among all
the Gulf States. Encouraged by such examples, Texas felt sustained
in her convictions of the propriety of secession before the commence-
ment of the abolition administration of the General Government.
Admonished by the same circumstances of her peculiar dangers to
arise out of even delay in co-operation with those States, Texas had
just fears as well as natural sympathies to prompt the earliest practi-
cable association with the seceded States. They had appointed dele-
gates to meet at Montgomery, Ala., on the 4th of February to form
a provisional government as a first necessity, and afterward to pre-
pare and submit a constitution for the government of a permanent
confederacy.

It would be out of place and time in this address to recite the causes
justifying secession. They have been heretofore published by the
convention; but they must ever be most prominent in considering the
current of causes and effects. Under such circumstances the con-
vention was not recreant to its mission. On the 1st day of February,
the fourth after its meeting, the convention by a vote of 166 affirma-
tives to 8 negatives adopted an ordinance for withdrawing this State
from the Union, to take effect on the 2d day of March, unless rejected
by the people at an election to be held on the 23d of February. The
Legislature and the Executive had previously recognized the conven-
tion as a representation of the people and were in a formal attendance,
on invitation, at the adoption of the ordinance. Such recognition
was gratifying to the public in general and relieved some persons from
doubts of the legality of the convention, but it always claimed by
express avowals to have its authority and instructions directly from
the people. The ordinance of separation might have been made
immediately final if necessity had required it, but there was time
before the 4th of March to obtain a more formal and unquestionable
expression of public sentiment, and the anniversary of Texan inde-
pendence, the 2d of March, was selected as the day of final separation,
subject to express rejection at a general election, for which provision
was made. While that election was to be decisive on the question of
separation, it was in its nature to be conclusive on the question of
confederation, unless some unexpected event should occur to require
another direct and formal expression of the public will. If the con-
vention could have trifled with itself, it had too much respect for the
intelligence of its constituents to suppose that they intended to have
such an agency constituted simply to prepare and propose a secession
ordinance for their ratification or rejection and then to retire, although

CONFEDERATE AUTHOEITIES. 197

the public necessities which caused the convention demanded its con-
tinuance for imlnediate and essential action; Even willing legislative
and executive functionaries could not do what was necessary in many
respects for want of authority, and another convention could not be
constituted in time for emergencies which did not admit of delay.
The convention, as the authorized agency of intelligent public will,
proceeded to do whatever the occasion required, but no more. The
oi'dinance of secession involved the public safety, which could not be
secured by means of the ordinary government, and a committee of
safety was constituted with adequate powers to provide means and to
control the U. S. military force with its incidents within this State,
and to substitute indispensable temporary protection. Further, to
secure the public safety and to obtain other inestimable advantages
from immediate connection with the States which had finally seceded
and were then in convention at Montgomery, Ala. , delegates to that
convention were elected, to be advisory as to interests of this State
until the consummation of its separation, and then to participate on
terms of equality in administration of a provisional government and
in preparation of a constitution for a permanent confederacy. More-
over, to promote security and other manifest benefits from the con-
templated confederacy, commissioners were delegated to Arizona and
New Mexico to procure their co-operation, and other commissioners
were sent to the Choctaw, Chickasaw, Creek, and Cherokee Nations
to aid in preparing them for alliance with such confederacy. Also
other corresponding measures of minor importance were adopted.

Having made such arrangements for parts of the great popular
enterprise, the convention adjourned on the oth of February to meet
again on the 2d of March, as a continued agency to execute the pub-
lic will. On the day for ratification or rejection of the ordinance for
separation the whole subject was before the voters — ^the state of the
general crisis ; what the convention itself had done ; what its commit-
tee of safety was doing during the recess; what commissioners were to
do, and what was the incipient relation and prospect of permanent
connection of this State with the confederacy. The convention acted
and proposed to act as the authorized agent of the people, and they had
an opportunity to affirm or disaffirm such agency by ratifying or
rejecting its principal act. The result of the election on the secession
ordinance shows more than three in favor of it to one against it, and
»an aggregate of over 60,000 votes — some additions to the regular
announcements being made by subsequent official returns — and the
returns of 120 counties being included, while only three small coun-
ties are not included of all that have been organized. The conven-
tion reassembled on the 2d of March, and soon found that the election
had reindorsed it as the public agency for the political reformation
which was in progress. During the recess the committee of safety
by its agents, with the spontaneous and patriotic co-operation of citi-
zen soldiery, had made arrangements for removing from Texas by the
safe coast route the whole military force within Texas pertaining to
the Union and for the surrender of all property and possessions (with
small honorary exceptions) held in Texas by the Federal Govern-
ment. The execution of such arrangements has progressed nearly to
completion and so as to leave no doubt of full accomplishment at an
early date without any violent' collision, although the just apprehen-
sion of it caused indispensable preparation. The troops thus called
into the field and some others have supplied the place of those sent
away, as well as circumstances would allow, and will continue to do

198 CORRESPONDENCE, ETC.

SO until superseded by regular forces. Details of the proceedings of
the Committee of Public Safety cannot be here admitted, but they are
otherwise published, and they do honor to the committee and their
agents, while sustaining the convention for constituting such power
as a temporary necessity. The convention found that the Constitu-
tion for the Provisional Government of the Confederacy was well
adapted to the emergency without departing from any essential prin-
ciple of the Union Constitution, and the measures of the Provisional
Government appeared to be well adapted to circumstances. The
selection of persons for the Presidency and Vice-Presidency seemed
to be entirely appropriate. The convention had no hesitation in
expressing a formal approval of the Constitution and administration
of the Provisional Government, which was not to continue longer than
one year, and was to be superseded within that time by a permanent
government. It would be out of place here to state what the Provis-
ional Government has done, unless in connection with some action of
the convention. But it is proper to say that the measures of that
Government have superseded the action of this State on postal affairs
and on revenue by customs. Under that temporary Government also
the judicial jurisdiction is similar to that of the Federal Government,
but with one judge to each State. As to military and naval affairs the
Provisional Government has provided so that the convention did not
deem its action necessary, except as before stated, and to raise one
regiment of mounted volunteers to serve twelve months, unless sooner
discharged. That Government is raising in Texas another similai-
regiment and will doubtless accept the former.

A law of the last session of the present Legislature provided another
mode of defense by small companies of citizens as minutemen along
the whole line of frontier from the Rio Grande to Red River. All
these forces are considered more available for protection against
Indians and other marauders than any previous forces in Texas since
its annexation to the Union Government. But there is a deficiency
in artillery, infantry, and engineering forces for which the Provisional
Government is making provision. So there is a better prospect and
assurance of protection than has heretofore been given with reference
to the interior frontier, and the change of circumstances must super-
induce better preparations for defense along the coast. Moreover,
the Legislature is in session and has power to provide further against
insurrection or invasion if occasion should require. Secession from
the Union and connection with the Confederacy caused a necessity
for a change in the State constitution, so that the oath of office should
have the "Confederate States of America" substituted for the " United
States of America." One ordinance made this change and another
prescribed the times and modes for taking the oath by all present and
future officers of the State, declaring a vacancy in case of any failure
to take the oath as required. The manner of requirement followed the
examples of other States where willing officials were not captious.
The lieutenant-governor, commissioner of the general land office (who
was opposed to secession), comptroller. State treasurer, attorney-
general, all of the supreme and district judges who were in Austin,
every member of the State Senate, every member of the House of Rep-
resentatives except one, and many county officers who were in Austin,
promptly took the oath prescribed by the amended constitution. Of
those who thus took the oath a considerable proportion had opposed
secession, but the Governor and secretary of state declined to take

CONFEDERATE AUTHORITIES. 199

the oath when notified according to the ordinance therefor. There-
upon the convention, by another ordinance, declared as consequences
that each office was vacant and that the executive powers devolved
on the lieutenant-governor. The original State constitution provided
that the lieutenant-governor should so act in case of any vacancy in the
office of Governor. And so the lieutenant-governor is performing the
executive duties without consent but without resistance by the late
Governor, who still claims to be legally in office. In this and other in-
stances he has "sought out many inventions" to array the function-
aries of the State government against the convention, which has been
obliged to control such official opposition in pursuing the even tenor
of the way to render effectual the known public desire for thorough
work, to give early security, peace, and quietude. The will of the
late Governor has been against that of the people as to their political
destiny and the one or the other had to yield. The people could not.
At length the "Constitution of the Confederate States of America"
for the permanent Government was received. The convention had
previously declared in its ordinance directing the delegates from this
State to participate in forming such a constitution that it should " not
become obligatory on this State till approved by the people in such
way as should be determined upon." That the people might approve
by the existing convention, or that it might provide for another pop-
ular election, remained for determination on the arrival of the Con-
stitution. Had it contained any unexpected principle so as to make
a new case in substance on which the public mind had not been
ascertained, the importance of prompt ratification could have yielded
to the paramount necessity for another election. But no such neces-
sity appeared in any part of the Constitution, which did not depart
from the general expectation unless it did so in the excellence of its
conformity with the best hope of the i)eople.- Former elections, with
attending circumstances, left no doubt of the public wish and the
corresponding authority of the convention for immediate and final
ratification of the Constitution. If the power existed the expedi-
encj; of such a course was commanding for various reasons. The
people could not desire to be troubled by another general election
without necessity and they felt the importance of early relief from
strife within this State as to its political position. Prompt certainty,
of course, would justify the Confederate Government in adopting
more expensive, effective, and permanent measures for the defense of
this State, especially its desolated frontier, than could be expected
before a finality. In connection with the defense of Texas, the
appearance of uncertainty as to its political position would embarrass
the pending arrangements for an alliance between the Confederacy as
one party and the Choctaw, Chickasaw, Creek, and Cherokee Nations
in concert as the other party. Such hesitation on the part of Texas
would tend to produce similar hesitation in Arizona and New Mexico
as to their connection with the Confederacy. Such procra.stination
would operate unfavorably on the neighboring Government and people
of Mexico as to desirable negotiations and intercourse. Any appear-
ance of doubt that Texas was to be sustained by connection with the
Confederacy would stimulate marauding and incendiary efforts, while
it would be fuel for faction. During such suspense the postal
arrangements for Texas would be embarrassed and retarded, and so
as to the judiciary and the revenue. Delay would prostrate trade and
commerce. A final connection of this State with the Confederacy

200 CORRESPONDENCE, ETC.

without delay would give to it additional strength and promote early
success in its negotiations as to peace with the old (roverninent, as to
the procurement of money, as to recognition by other nations, and
as to commercial relations. Moreover, the prompt and permanent
connection of Texas with the Confederacy could not fail to have a
favorable influence on the Border States as inducement for them to
abandon their equivocal positions and connect themselves with their
more Southern sisters and natural associations. A like influence
would materially affect immigration from those States, conducing to
the advantage of the immigrants and to the growth of this State. In
view of such considerations the convention promptly and finally on
the 23d of March ratified, accepted, and adopted the Constitution by
a vote of 128 affirmatives to 2 negatives. A copy of this guaranty
for our future liberty is annexed to this address as a part of it, so
that the public may have a connected view of the progress and result
of the recent wonderful political enterprise of the people of fhis
State. The people will see that the Constitution of the Confederate
States of America is copied almost entirely from the Constitution of
the United States. The few changes made are admitted by all to be
improvements. Let every man compare the new with the old and see
for himself that we still cling to the old Constitution made by our
fathers.

But the connection of Texas with the Confederacy involved a
necessity for modifications of our State constitution so that it should
be in conformity with our new relation, and another consequent
necessity requires that the Legislature should have some extension
of power to raise funds within bounds and on terms that would be
safe and beneficial for the State. Sucli modifications were made.
The convention realized that other changes of the State constitution
were desirable, but its amendments were confined to particulars which
were considered to be necessary parts of the great political change.
Many other interesting incidents might be stated, but they would
cause this address to be tedious, and the foregoing outline may
enable the people to take a connected and orderly view of the sub-
stance of proceedings by which there has been accomplished a polit-
ical reformation which has no parallel, considering the opposing
circumstances and the triumphant successes. The people of Texas
have asserted their sovereignty. They have dissolved their connec-
tion with a Government whose administrative power had been aug-
mented and directed so that it would procure their ruin. They have
connected themselves with another Government whose foundations
give tlie most hopeful assurance of permanent constitutional liberty.
By two general elections and two meetings- of th^ convention in a
State of vast area within seventy-eight days the whole change of
government has been completed. The popular demonstrations have
overcome thousands of the Regular Army of the old Government and
an opposing minority of citizens without bloodshed. Every citizen,
if he will, may look with patriotic pride on the consummated refor-
mation whose progress caused no vital interruption in public or private
business and whose result is an assurance of the best security and
enjoyment which human government can afford. When permanently
successful such a remodeling of government, embracing our compli-
cated system of reserved State rights and delegated confederate
authority, may give a better guaranty than all history that our
people at least are capable of instituting and maintaining free govern-
ment. The convention having finished its work in harmony with the

oonfi:derate authorities. 201

Legislature, confides in that body and the present Executive and the
judiciary to conduct the State government according to the will and
interests of their constituents. The convention congratulates the
people on the prompt and thorough accomplishment of their wishes.
But some citizens are not satisfied. A large proportion of those who
did not favor secession have subsequently acquiesced and many of
them have become identified with it by candid co-operation. But in
various parts of the State there are some persons who continue perti-
nacious in their opposition. It is not tlie province of this address
to comment on their conduct. Their rights as citizens are not ques-
tioned, but their duties are equally unquestionable, and it is proper
merely to state their position. Their platform denounces the con-
vention as a usurpation and tolerates it only as a partial instrument
of the Legislature in submitting the ordinance for secession to
a popular election, and declares all its other acts to be with-
out authority and void, notwithstanding 46,000 voters indorsed it.
Their platform assumes the superiority of the ordinary government
over the sovereignty of the people as represented by the convention,
and repudiates its acts with singular inconsistency, inasmuch as the
Legislature itself in various modes has recognized and approved the
convention and co-operated with it as a lawful representation of the
people, even asking and obtaining from it for the public good a
certain extension of legislative power. Their platform claims a pre-
tended right to use force against the convention and its acts, but for
the present defers the exercise of such monstrous power. Time must
show whether it is to be asserted by violent action under other cir-
cumstances. Their platform appeals to the people against the alleged
usurpations by encouraging reaction and disorganization, thereby
encouraging discord and strife, to which ends, among other means,
it stimulates jealousies and hostilities among various classes of the
communitj'. In any practical view of the great crisis there are but
two positions for citizens to take — either with the combined policy of
separation from the old Union and connection with the Confederate
States, or with the contrary. The former is an existing reality; the
latter is in opposition to the constituted authority and the public will
of Texas. Minor considerations of form must yield to substance.
The sovereign will of the people must be sustained. The convention
would fain hope for speedy and universal harmony in devoted patri-
otism. The coming elections of this year for both State and Confed-
erate officers will deserve peculiar attention by the people, so that
they may have the best possible guaranties for accomplishing the
great objects of our political reformation. It has. not been deemed
necessary to speak particularly of the question of peace or war. The
convention acted with a view to either alternative. The people will
be gratified to know that the members of the convention have acted
witli such mutual courtesy that there has not been a single instance
of personality in its deliberations.

Having finished its business about noon of the 25th of March, the
convention, in an orderly manner, adjourned sine die. Its proceed-
ings affecting military movements were necessarily secret for the
moment, but the injunction of secrecy was removed almost immedi-
ately and the world knows now every transaction. The convention
will be tried by its works and it feels no apprehension of the freemen
of Texas. Invoking the blessings of Heaven on whatever has been
properlj' done by the convention, its members, except the few who
have been called to public stations in the Confederacy, return to their

202 COERESPONDENCE, ETC.

ordinary pursuits in society to share for weal or woe wliat has been
done in common with their fellow-citizens.
For the convention, by its committee :

PRYOR LEA, of Qdiad.

JOHN HENRY BROWN, of BeU.

JOHN D. STELL, of Leon.

Confederate States of America, War Department,

Montgomery, April 1, 1861.
Hon. J. P. Benjamin,

Attorney- General, Montgomery, Ala.:
Sir: The troops now called into the service of the Confederate
States constitute the Provisional Army. These troops have been sup-
plied by the States upon requisitions of the Department. There is,
however, some complication in the several acts of the Congress pro-
viding for the Provisional Army, the Regular Army, and a volunteer
service authorized by "An act to provide for the public defense."
There are acts of Congress making provision for the support of each
of these distinct military organizations, but it is not altogether clear to
my mind out of which appropriation the troops now in service shall
be paid — whether under the general appropriation act or under the
act numbered 66, making appropriation for the volunteer forces. In
some sense, and mainly, indeed, if not entiraly, the Provisional Army
is composed of volunteer troops from the different States, but the
organization of this force, as provided for by the law creating the
Provisional Army, is, in many respects, different from the organiza-
tion provided for the volunteer force eo nomine; and the troops now
in service are called the "Provisional forces of the Confederate
States." I invite your attention to these several laws and desire
your opinion on the point stated, viz, whether the provisional forces
now in service, except those at Charleston, for whom special provision
is made, can properly be paid and provided for out of the $5,000,000
appropriation for the pay, subsistence, and transportation of such
volunteer forces as may be called into service by the President.

Respectfully, your obedient servant,

L. P. WALKER,
Secretary of War.

Montgomery, Ala., April 1, 1861.
Capt. Raphael Semmes :

(Care of A. G. Hazard, New York.)
Schedule up to 2,000; large grain, three-eighths inch thick. Must
be more dense than that furnished by H. to United States for
experiment.

L. P. WALKER.

Headquarters State of South Carolina,

AprU 1, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir : I received yours of 26th ultimo. I did not mean to say that
in the appointments to the Anmy you had failed to "get the best men

CONFEDERATE AUTHORITIES. 203

for the best places," but only to say that the rule adopted seemed to
be different from what was adopted by myself, and so far as it had
transferred or changed the relative rank the officei-s had borne to each
other in the Sonth Carolina service, it might produce some "tempo-
rary complaint," and I only mentioned it as an excuse for what you
might hear, and I did not think it — the complaint — would last long.
You say there was " no comity requiring this Department to appoint in
the Army of the Confederate States the officers of the anny of South
Carolina. Your criticism, therefore, in this particular strikes me as
being untenable." I regret you should have so understood my
remarks connected with the appointments. I certainly never meant
to urge that there was any comity requiring the appointment of
officers in the forces of this State, but only stated the circumstances
to apologize for any complaints that might be made from our officers
because their relative, &c., rank had been changed. You say also,
"Now, if we adopted the rule to incorporate into the Army of this
Government all the oflBcers of the regular armies of the several States,
every officer resigned from the service of the United States would be
excluded, for there are more oflScers in the armies of Mississippi and
South Carolina than there will be in the Army of the Confederate
States." I did not mean to urge the appointment of all our officers
into the Regular Army of the Confederate Government, but desired to
present their claims, so far as our regular force was concerned, to be
retained for their term of service — one year — as a regular local or gar-
rison force on the coast of South Carolina; but if I had urged the
appointment of all the oflBcers into the Regular Army, that would not
"have excluded every oflScer resigned from the service of the United
States," for out of fifteen captains I appointed twelve were actually
ofl&cers in the U. S. Army, resigned, and none below rank of first
lieutenant. A colonel, lieutenant-colonel,- and major of infantry
were also ofl&cers resigned from the U. S. Army. The lieutenant-
colonel of artillery was also originally in the U. S. Army. The major
of our dragoons was also captain in the U. S. dragoons; so, too,
many of our lieutenants were graduates of West Point and in the
Army. I merely write to explain that I in reality had no intention
to do anything more in my last communication than to explain the
position of the oflftcers in the force we have raised, in order that
everything might be understood if any temporary excitement (par-
ticularly from the first list of appointments published, which turned
out to be incorrect) or complaint might be made. I hope everything
will be arranged with perfect satisfaction, as the convention is now
to decide upon what wUl be definitely done with all out forces.
Very respectfully, your obedient servant,

F. W. PICKENS.

JOINT RESOLUTION in regard to the movement of troops and arms within
the limits of this Commonwealth by the General Government. Adopted
April 1, 1861.

Whereas, the people of Virginia, in convention assembled, are now
deliberating as to their future relations with the Government at
Washington, D. C, and the non-slave-holding States of the Con-
federacy, known as the United States of North America;

And whereas, the General Assembly of Virginia (at present sitting)
and the Governor of this Commonwealth have declared their opposi-
tion to the exercise of force against the slave-holding seceding States,

204 CORRESPONDENCE, ETC.

and to the organization in, or the marching through, our territory of
military expeditions for that purpose;

And whereas, in the present unsettled condition of our interstate
and Federal relations, it is the highest obligation of duty on all public
functionaries to watch vigilantly, and prevent or thwart every hostile
movement either against the seceded States or those that may be sup-
posed to sympathize with them;

And whereas, it has come to the knowledge of this Legislature that
a large number of heavy guns, manufactured at Belona Foundry,
near the capital of Virginia, under an order of the Ordnance Depart-
ment at Washington, D. C, have been ordered to Fortress Monroe,
where they can only be needed for the purpose of intimidation and
menace to Virginia at present, and of actual hostilities in a certain
contingency that may change her future relations to the Federal Gov-
ernment and the anti-slavery sentiment it represents:

1. Be it resolved by the General Assembly, That the Governor of
this Commonwealth be authorized, and he is hereby directed, in case
of the actual attempt of the Federal authorities to transport said
guns over the soil of Virginia, to seize and detain said guns for the
use of this Commonwealth; and to that end to order out the public
guard to arrest the contemplated removal of the guns beyond the
reach and control of the government of this State.

2. Resolved further. That the Governor be, and he is hereby,
authorized and required, out of the money appropriated for the pur-
chase of arms at the present session of the General Assembly, by an
act passed on the 29th day of January, 1861, entitled an act appro-
priating $1,000,000 for the defense of the Commonwealth, to pay to
Dr. Junius L. Archer the amount due him, viz, $7,872.47, on his
contract for the manufacture of said guns, and to the Government at
Washington the sum of $13,024, which said Government has paid to
said Archer on account of his said contract; and the Governor shall
require the superintendent of the armory at Richmond to take posses-
sion of said guns, and deposit them therein for safe-keeping.

Department op Justice,

Montgomery, April 2, 1861.
Hon. L. P. Walker,

Secretary of War:

Sir : In order to arrive at a correct solution of the questions pro-
pounded in your letter of 1st instant it is necessary to ascertain the
true distinction existing under the legislation of Congress between the
provisional forces and the volunteer forces authorized to be called
into service.

The act of 28th of February, 1861, authorizes the President to
receive into service "such forces now in the service of said States as
may be tendered, or who may volunteer by consent of their State."

The act of 6th of March, 1861, authorizes the President "to employ
the militia, military, and naval forces of the Confederate States of
America, and to ask for and accept the services of any number of
volunteers, not exceeding 100,000, who may offer their services," <fee.

The forces contemplated by the first law are to form the Provis-
ional Army; those under the second law are volunteers. A careful
reading of the act of 28th of February satisfies me that its provisions
embrace only such troops as were then in the service of the States.
The words are : " Such persons now in the service as may be tendered.

CONFEDERATE AUTHORITIES. 205

or who may volunteer," <fcc. The words "now in the service" apply
as well to those who volunteer as to those who are tendered. The
whole scope of the act is to authorize the President to relieve the sep-
arate States (so far as the public service would warrant it) of the
troops already levied by them, and the second section of the law
shows this also to have been the policy as regards arms and muni-
tions. The States were authorized to turn over and make chargeable
to the Federal Government such arms and munitions as they then
had. The law neither authorized them to continue to levy troops nor
to purchase munitions for account of the Confederate States. Now,
in making appropriations for the forces Congress has divided its leg-
islation into three acts:

First. There is a special act for such part of the "provisional
forces" as is called into service at Charleston.

Second. There is an appropriation " for the Regular Army and other
purposes." This appropriation law consists of two sections only. The
first appropriates certain sums for the Regular Army. The second
authorizes you, under the direction of the President, to apply any
portion of these sums to the support " of the provisional forces which
may be called into the service."

Third. There is an appropriation of $5,000,000 for "such volunteer
forces as may be called into service," &c.

It seems to me that the action of Congress is plain and clear that
there is no appropriation for the "provisional forces" except under
the first two acts, and that the appropriation in the third act is not
applicable at all to any "provisional forces." I see no complication
in the law. But the facts as stated in your letter give rise to a diffi-
culty in the application of the law. From the very force of circum-
stances, from the exigency of public affairs, you have not been able
to keep your "provisional forces" distinct from your volunteers.
You have not had the men raised by the States transferred to you in
the manner anticipated by the Congress. State troops and volunteer
companies and battalions are all fused into one force that is called
the Provisional Army. It is thus impossible to apply the appropria-
tions in strict accordance with the letter of the law. I cannot answer
your question otherwise than to say that under the law neither of the
appropriations is applicable to your whole Provisional Army as now
constituted ; that the only course that seems practicable is to make a
calculation as nearly exact as possible of the relative proportions or
volunteers and provisional forces that now compose your Provisional
Army, according to the distinction between these two classes of forces
above set forth, and to draw from the $5,000,000 appropriation such
proportion as is applicable to the volunteers, and from the appropria-
tion for the Regular Army the remainder of the sum. This latter
sum, however, to be drawn only under the direction of the President
in compliance with the express provisions of the act.
Your obedient servant,

J. P. BENJAMIN.

Confederate States of America, War Department,

Montgomery, April 2, 1861.
His Excellency A. B. Moore,

Montgomery, Ala.:
Dear Sir: Being informed that you are still engaged in enlisting
men, in the expectation that they will be transferred to the Confeder-

206 CORRESPONDENCE, ETC.

ate states, I deem it proper to call your special attention to the phra-
seology of the act of Congress "to raise provisional forces." I do
this to prevent misapprehension in the future. The third section of
that act is in these words :

That the President be authorized to receive into the service of this Government
such forces now in the service of said States as may be tendered, or who may vol-
unteer by consent of their State, in such numbers as he may require, for any term
not less than twelve months, unless sooner discharged.

A careful reading of this act satisfies me that its provisions embrace
only such troops as were then in the service of the States. The words
are, " Such forces now in the service of said States as may be tendered,
or who may volunteer," &c. The words "now^ in service" apply as
well to those who volunteer as to those who are tendered. The whole
scope of the act is to authorize the President to relieve the separate
States (so far as the public service would warrant it) of the troops
already levied by them. With this view of the law, to which I invite
your attention without official formality, it might be well to consider
the propriety of further enlistments, this Government having no power
to receive them into the provisional forces.

Very respectfully, your obedient servant,

L. P. WALKER.

(Similar letter to His Excellency Joseph E. Brown, Milledgeville, Ga. )

Macon, April 2, 1861.
L. P. Walker:

When the troops leave Georgia they are under no law till they are
mustered into the service. The officers object to leave the State till
it is done. If you desire the troops please designate at once some
one to muster them in here.

JOSEPH E. BROWN.

Montgomery, April 2, 1861.
Governor J. E. Brown,

Macon, Ga.:
The troops will be mustered into service at Pensacola, but trans-
portation has been provided from Macon as I wrote you.

L. B. WALKER.

MoiraooMERY, April 3, 1861.
Governor Joseph E. Brown,

Macon, Ga.:
I cannot make an exceptional case of the Georgia troops, although
anxious to oblige you as far as possible. The troops of the other
States intended for service at Pensacola are mustered into service at
that point. I desire to know without delay whether that arrange-
ment will suffice ?

L. P. WALKER.

CONFEDERATE AUTHORITIES. 207

At a convention of the people of the State of South Carolina, reas-
sembled by aif»pointment of the president thereof, at Charleston, on
the 26th day of March, in the year of our Lord 1861, and thence con-
tinued by divers adjournments to the 3d day of April, in the same
year:

A^ ORDINANCE to ratify the Constitution of the Confederate States of America.

We, the people of South Carolina, in convention assembled, do declare and ordain,
and it is hereby declared and ordained, That the State of South Carolina does
hereby assent and ratify the articles of compact called the " Constitution of the
Confederate States of America," adopted at Montgomery, in the State of Ala-
bama, on the 11th day of March, in the present year (1861), by the convention of
delegates from the States of Alabama, Florida, Oeor^a, Louisiana, Mississippi,
South Carolina, and Texas, and does hereby agree, with such other of the said
States as shall ratify the same, to enter with them into a federal association of
States upon the terms therein proposed.

Done at Charleston the 3d day of April, iu the year of our Lord
1861.

D. F. JAMISON,
President of the Convention.
/Attest.

B. F. ARTHUR,
Clerk of the Convention.

Macon, Ga., April 4, 1861.
Hon. L. P. Walker,

Secretary of War :
Sir : After much difficulty I have succeeded in getting the consent
of the troops to go to Pensacola to be mustered into the service. One
strong point made against it has been that you may possibly reject
some of the troops when they get there who might be considered
physically unable to do duty or from other causes, and they would
then be discharged at a distance from home and at a heavy cost to
them before they could get back. If mustered in here and any one
should be rejected he would be near his home, and the cost and dis-
appointment not so great. Again, they would not consent to go if
they knew there would be any difficulty about their regimental sur-
geons, &c. I have appointed able and experienced surgeons with the
regiment who have their full confidence; also with the battalion.
The regiment consists of ten companies, organized as a regiment
according to the laws of this State. The battalion consists of four
companies, commanded by a major. The battalion is also organized
in accordance with the laws of the State. I tender these troops for
the shortest time for which they can be received into the service of
the Confederate States, which I believe is twelve months, unless
sooner discharged, under the provisions of the act of Congress upon
that subject. An account of the expense of equipping and preparing
the regiment and battalion for service will be made out and forwarded
to you. I understand by your requisition that the troops are intended
for service at Pensacola and not for service on the frontier. I have
so assured them.

I have the honor to be, your obedient servant,

JOSEPH E. BROWN.

208 CORRESPONDENCE, ETC.

At a convention of the people of the State of South Carolina, reas-
SBinbled by appointment by the president thereof at Charleston, on
the 20th day of March, in the year of onr Lord 1861, and thence con-
tinued by divers adjournments to the oth day of April, in the same year:

Resolved, That so soon as the Government of the Confederate States of America,
created by the Constitution, which has been now ratified, shall be securely estab-
lished and in peaceful operation, the State of South Carolina ought to demand
that, two other States concurring, the Congress shall summon a convention of
all the States to take into consideration the following amendments to the said
Constitution, to wit :

1. To amend the second section of the first article by striking out from the third
clause thereof the following words, to wit, " which shall be determined by adding
to the whole number of free persons, including those bound to service for a term
of years," and the words, " three-fifths of all slaves," and inserting after the words
"respective numbers" the words "including slaves."

3. To strike out the second clause of the sixth section of the first article, and
insert " the Congress shall not contract any debt, except for war purposes ; and all
expenditures in excess of revenues from imports (which shall not exceed 15 per
cent, ad valorem) and other sources shall be met by direct taxation, to be provided
for by the Congress authorizing the expenditure."

3. In lieu of the first and second clauses of the ninth section of the first article
to insert the following : "Congress shall have power to prohibit the importation
or introduction of slaves from any region not a State or Territory of this Confed-
eracy."

4. To amend the third section of the fourth article by adding to the first clause
thereof the words, " nor shall any State in which African slavery does not by law
exist be admitted without the consent of all the States, expressed through their
respective Legislatures."

Done at Charleston the 5th day of April, in the year of our Lord
1861.

D. F. JAMISON,
President of the Convention.
Attest.

B. F. ARTHUR,
Clerk of the Convention.

Confederate States of America, Treasury Dept.,

Montgomery, April 6, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: It is in contemplation, under the authority vested bylaw in
the Secretary of the Treasury, to issue Treasurj' notes at an early day,
and I have to request you to instruct all disbursing officers of your
Department whenever they pay out Treasury notes tD note specifically
on the back of each note paid out by them the date of said payment,
as from that date interest upon the same will commence to run against
the Government, and not from the date on the face of said notes.
While the Treasury notes remain in the hands of the disbursing offi-
cer the Government will not be liable to interest, but as soon as they
pay them out the liability for interest will commence. These instruc-
tions should be given as soon as possible, so that the rights of the
parties receiving and the Government issuing may be understood and
protected.

Very respectfully,

C. G. MEMMINGER,

Secretary of the Treasury.

CONFEDERATE AUTHORITIES. 209

Confederate States op America, War Department,

Montgomery, April 6, 1861.
General Goldthwaite,

Adjutant and Inspector General of Alabama :
Sir: Your communication of this date is received. The order yon
request will be transmitted to Captain White, in command of the
arsenal at Mount Vernon. I desire to know when the men enlisted
prior to the 28th of February will be transferred to the Confederate
Government as part of the provisional forces, and also at what time
the men enlisted by Captains Gee and Loomis subsequent to that date
will be organized into volunteer companies. It is necessary that I
should know this, that an oflBcer may be directed to recruit for the
Regular Army of the Confederate States such of the men enlisted by
your State as would not go into the provisional forces or be organized
into volunteer companies.
Very respectfully,

L. P. WALKER.

Adjt. and Insp. Gen.'s Office, State op Alabama,

Montgomery, April 6, 1861.
Hon. L. P. Walker,

Secretary of War:
Sm: In answer to the inquiries propounded in yours of this date I
have to state that it is confidently expected that the volunteer com-
panies required to fill the contingent at Fort Morgan will be organized
during the coming week. As soon as that is done the recruits enlisted
up to the 28th of February last will be transferred to the Provisional
Government. For reasons which will readily occur to you, I would sug-
gest that the recruiting should not commence until the organization
of the volunteer companies is effected.

Very respectfully, your obedient servant,

GEO. GOLDTHWAITE,
Adjviant and Inspector General of Alabama.

Montgomery, April 6, 1861.
Governor T. O. MoORE,

Baton Rouge:

Would be glad if you would transfer to Confederate Government
your hospital stores. Dr. David C. De Leon is in New Orleans,
authorized to receipt for them. Advise him of your conclusion.

L. P. WALKER.

War Department, Adjt. and Insp. Gen.'s Office,

MontgoTnery, April 6, 1861.
Surg. D. C. De Leon,

New Orleans, La.:
Sir: In connection with your purchase of medical supplies in New
Orleans for the troops at Pensacola Harbor, you are directed to com-
municate with the Governor of Louisiana at Baton Rouge in regard to
the medical stores formerly belonging to the United States in New
Orleans, which were turned over to the State. From this stock you

14 R R — series IV, vol I

210 CORRESPONDENCE, ETC.

will fill your requisitions as far as possible before making purchases
elsewhere. A large portion of these stores is understood to be at Fort
Pike.

Very respectfully, your obedient servant,

S. COOPER,
Adjutant and Inspector General.

Genesee, April 7, 1861.
Jefferson Davis:

Sir : Knowing the fidelity of the Southern people, and trusting to
their honor as the friend of the white man instead of Black Repub-
licans, we wish to come and participate in the coming campaign, if you
can assign us a place. Although we have not been with you, our
hearts have. "We have lodges formed all through the States of Penn-
sylvania and New York. They are some like the Freemasons. We
have been trying to get money to take our little band to the cotton
States. We have 10,000 men enlisted for the Confederate States, and
they are all ready to start, except for the want of money. We have
turned all our property into money that we could and got it all together,
and then appointed a committee to make the arrangements for the
transportation of the men to the cotton States. We have all our arms
and equipage and nearly money enough to come with. After close
figuring we lack just $11,347, and if you will send us that amount we
soon will be with you, and to be stationed at your pleasure. We ask
no pay for our services except a home in the new Confederacy. As we
live in the free States we know much that is going on and what is the
intention of the Black Republicans, .and that is a descent on New
Orleans by way of the Mississippi River and the Gulf, and we wish to
get there to give them fight, and by our coming there will be more of
the North to help you, as France did when Lafayette came to America.
I have read this to the committee, and they say it will do. Please
express the money to Olean, Cattaraugus County, N. Y., and also
write me a letter when you express the money, and direct to Brindle-
ville. Potter County, Pa. Now follow my directions and it will be all
right, and give me your orders and the men shall come just where you
say. Send us some gold, as Southern money, or rather bank notes,
will not pass here.

CHARLES W. C. MACOMAC,
Chairman of the Corrvmittee and Board of Managers.

Put nothing but my name on the letter, and a check for the money.
My address, Brindleville, Potter County, Pa.

[Indorsement.]

Secretary of War's attention. Curious.

J. D.

Washington, D. C, April 8, 1861.
Hon. L. P. Walker:

Do you want arms? Ten thousand Colt pistols, army and navy
size, and 2,000 Sharps rifles are offered to be delivered at Richmond.
Answer immediately.

JOHN FORSYTH.

CONPEDEEATE AUTHORITIES. 211

Confederate States of America, War Department,

Montgomery, April 8, 1861.
His Excellency Francis W. Pickens,

Charleston, S. C:
Sir: The discontinuance by the United States of negotiations with
the commissioners representing this Government, of which doubtless
you have before this been made aware, leaves no doubt as to the policy
we should pursue. A large force will probably, and if at all, almost
immediately, be needed to resist the coercive measures of the Wash-
ington Administration. To meet this condition of affairs this Depart-
ment, acting with reference to the power vested in the Executive by
the act of the Congress entitled "An act to provide for the public
defense," suggests to Your Excellency the necessity of calling at once
for 3,000 volunteers, to be drilled, equipped, and held in instant readi-
ness to meet any requisition from this Department. These troops
will, of course, not be receiving pay until they shall be mustered into
service, but the emergency is so pressing that Your Excellency will
fully appreciate the great importance of thorough preparation, espe-
cially in regard to instant capacity to move. A similar request has
been addressed to the Executive of each of the Confederate States.
Asking an early reply to the suggestion above made,
I am, very respectfully, your obedient servant,

L. P. \\^ALKER.

(The same, mutatis mutandis, to the Governors of Alabama, Flor-
ida, Georgia, Louisiana, Texas, and Mississippi. That to Governor of
Florida calls for only 1,500 men.

Speciai. Orders, ) Adjutant-General's Office,

No. 17. J Montgomery, April 8, 1861.

I. Maj. Josiah Gorgas, of the Corps of Artillery and Ordnance, is
assigned to duty as chief of the Bureau of Ordnance.

II. Capt. John Withers, assistant adjutant-general, is assigned to
duty in the Adjutant-General's Office from the 3d instant.

By order of the Secretary of War:

S. COOPER,

Adjutant- General.

Executive DHPARTjfENT,
Montgomery, Ala., April 8, 1861.
Hon. L. P. Walker,

Secretary of War, Montgomery, Ala. :

Sir : You will please inform me at your earliest convenience whether
or not the Government of the Confederate States desires to take the
corn purchased by the State of Alabama.

Very respectfully, your obedient servant,

A. B. MOORE.

[April 8, 1861. — For resolution of the convention of South Caro-
lina, authorizing the Governor to raise such number of volunteer
regiments as Greneral Beauregard may require, see Series I, Vol. I,
p. 298.]

212 correspondence, etc.

Saint Charles Hotel,

New Orleans, AprU 8, 1861.
Hon. L. P. Walker,

Secretary of War, Montgomery, Ala. :
Sir: I have the honor to report that on examination I find a large
supply of medicines, instruments, &c., captured from the purveying
department, U. S. Army, in the city, which will supersede the neces-
sity of buying but a small proportion of the articles required. I have
telegraphed the Governor of the State to have them turned over to
me. If you authorize me I will receive them and issue them to Pen-
sacola and buy only a small quantity of articles deficient. I tele-
graphed you this morning for permission. Colonel Gladden, com-
manding the Louisiana Volunteers, will send his command, one
detachment, in a day or two to Pensacola, and the second soon after.
Two more assistant surgeons had been sent to General Bragg from
here before my arrival. Forts Pike and Macomb, of the Confederate
Army, will require (the two) one surgeon (assistant); Forts Jackson
and Saint Philip (the two) one assistant surgeon. Fort Livingston,
eighty miles from New Orleans, will have a detachment of twenty-
four men and oflicers, if you wish, and an assistant surgeon for that
post also. It will be necessary to employ three assistants for these
points. I informed Colonel Gladden that no authority has been dele-
gated to me to employ surgeons. If you wish me to attend to this
matter please write me, and also the pay they are to receive. Two
capable surgeons will go with the Louisiana troops to apply for tem-
porary duty, recommended by the Governor and surgeon-general of
Louisiana for employ. I would respectfully suggest that many valu-
able old soldiers, artillerists and others, are rejected by too rigid an
examination, and that more would be recruited if a less rigid system
than the U. S. Army was required for the present. Please instruct
me where I shall report after attending to supplying Pensacola with
medical stores, <fec.

I have the honor to be, very respectfully, your obedient servant,

D. CAMDEN DE LEON,

Surgeon, C. S. Army.

Washington, April 9, 1861.
Hon. L. P. Walker:

Have ordered 2,000 Colt new army pistols, at $25; Sharps carbine,
new (army) improvement, held at $30; Sharps rifle, with sword-bayo-
net, $42.50; Colt carbine, $30. Two hundred to three hundred tons
Hazard's (Government) powder offered at 20 cents. Answer immedi-
ately.

JOHN FORSYTH.

Montgomery, April 9, 1861.
Hon. John Forsyth,

Washington :
The rifles are too high. Would take 2,000 Sharps rifles, with sword-
bayonets, at $30. Do not want the other guns. If the powder has
been tested and is cannon-powder will take it. You had better ascer-
tain and know certainly all about it. Answer fully.

L. P. WALKER.

CONFEDERATE AUTHORITIES. 213

Washington, D. C, April 9, 1861.
Hon. L. P. "Walker:

The prices named for rifles and carbines are the lowest market, and
in great demand. Probably they could not be had twenty-four hours
hence. The powder mentioned at 20 cents is the best Government,
and the highest-priced cannon-powder Is cheaper. How much powder
shall I order? Both arms and powder offered at prices paid by this
Government.

JOHN FORSYTH.

Montgomery, AprU 9, 1861.
Hon. John Forsyth,

Washington:

Two thousand Colt pistols; 2,000 Sharps rifles. The former at $25;
the latter at $22.50.

L. P. WALKER.

Montgomery, AprU 9, 1861.
Tucker, Cooper & Co.,

No. 70 South Street, New York:
Increase weekly supply of " rope " [gunpowder] to the utmost.

L. P. WALKER.

Executive Department,
Montgomery, Ala., AprU 9, 1861.
Hon. L. P. Walker,

Secretary of War :
Sir: Your letter of yesterday's date, requesting me to call for " 3,000
volunteers, to be drilled, equipped, and held in readiness the most
perfect," to meet any requisition from your Department, has been
received. You do not specify the character of the troops whose services
you anticipate may be needed, and I therefore beg leave to inquire
whether cavalry companies will be received, and if so, how many ?
Very respectfully, your obedient servant,

A. B. MOORE.

Confederate States of America, War Department,

Montgomery, April 9, 1861.
His Excellency A. B. Moore,

Montgomery, Ala.:
Sir: I am instructed by the Secretary of War to state that in his
letter dated yesterday, making a conditional call on Your Excellency
for 3,000 volunteers, he omitted to state the description most desirable
for the service contemplated. He now desires me to say that the
Department wishes the whole force to be infantry, unless Your
Excellency should be able to furnish two companies of artillery.
Respectfully, your obedient servant,

J. J. HOOPER,
Private Secretary.

(Similar letters to F. W. Pickens, Charleston, S. C. ; J. J. Pettus,
Jackson, Miss. ; Thomas O. Moore, Baton Rouge, La. ; M. S. Perry,
Tallahassee, Fla. ; Joseph E. Brown, Milledgeville, Ga. ; Governor of
Texas, Austin, Tex.)

214 CORRESPONDENCE, ETC.

Confederate States of America, War Department,

Montgomery, April 9, 1861.
His Excellency A. B. Moore,

Montgomery, Ala.:
Sir: Keplying to your note dated yesterday, I beg to say that this
Government is prepared and anxious to receive all of the corn pur-
chased for the State of Alabama which may be sound and merchant-
able, and the Department had supposed that this was understood by
Your Excellency.

Very respectfully, your obedient servant,

L. P.WALKER.

Confederate States of America, War Department,

Montgomery, April 9, 1861.
His Excellency Joseph E. Brown,

MiUedgeviUe, Ga.:

Sir: Your letter of the 4th instant has not been answered earlier
because of the extreme pressure on the Department growing out of
the present crisis in public affairs. Your Excellency will, I am sure,
appreciate the embarrassments which have surrounded this Depart-
ment, in view of the many which must have impeded Your Excel-
lency's administration of similar affairs for the State of Georgia. The
rule of the Department requiring the troops for the Provisional Army
derived from the several States to be mustered in at Pensacola was
general, and has been complied with in respect to all the troops except
only those whom Your Excellency requested to be mustered in at
Macon. It was therefore impossible to abrogate the rule, for that
would have given just cause of offense to the State which has already
complied with it. Touching the objection suggested by Your Excel-
lency, that under the rule referred to such of the men as should be
rejected on inspection would be discharged at an inconvenient distance
from their homes, I beg to say that I have no doubt but that this Gov-
ernment will defray the expense of transportation and necessary
temporary subsistence in the case of such rejected men.

On the subject of the appointment of surgeons for the Georgia
troops, I beg to say that this Department will endeavor, as far as
possible, to make its action correspond with that of Your Excellency,
and with that end in view I must request Your Excellency to transmit
me a list of the surgeons and assistants for your troops; and with
reference to the possibility that the Department, may be unable to
make acting assistant surgeons of all your appointees, you will oblige
me by indicating the names you prefer to be retained and in the order
of your preference. Your Excellency's understanding of the point
at which the Georgia quota is to serve is correct.
Very respectfully, your obedient servant,

L. P. WALKER.

Savannah, April 9, 1861.
Hon. L. P. Walker:

Have you called for more troops from Georgia? For what destina-
tion?

F. S. BARTOW.

CONFEDERATE AUTHORITIES. 216

New Orleans, April 9, 1861.
Hon. L. P. Walker, k

Secretary of War, Montgomery, Ala.:
Sir: I have the honor to report that the Governor of Louisiana has
turned over to me the public property of the medical department
captured from the United States. I will send off to-morrow supplies
sufficient for Pensacola. There is a surplus of some articles and a
deficiency of others. For the purchase of hospital stores, medicines,
and instruments not on hand $2,000 in money will be necessary.
Please send it to me at your earliest convenience. It will be neces-
sary to have a medical officer of experience stationed here as medical
purveyor in charge of the stores of the department and to make
purchases. In an economical point of view it is essential, as well as
the urgent necessity of supplying the diiferent points with celei'ity.
I Mrill give a certified invoice to the State officer of the supplies turned
over, and a Government officer must be responsible for them. I have
given out proposals for further supplies when needed, and will find
the lowest bidder who will furnish good supplies. I have informed
you of the number of medical officers now sent to Pensacola to Gen-
eral Bragg. The two officers now on duty with the Louisiana regi-
ment, I would suggest, should be employed in Government service,
through courtesy to the Governor and colonel of the regiment, who
desire it.

I am, sir, very respectfully, your obedient servant,

D. CAMDEN DE LEON,

Surgeon, C. S. Army.

Confederate States of America, War Department,

Montgomery, April 9, 1861.
Capt. William Maynadier,

Frankford Arsenal, Bridesburg Post- Office, near Philadelphia:
Sib: I hereby offer you the appointment of Commissary-General in
the Army of the Confederate States of America, and I have to request
that you will signify your acceptance or non-acceptance at the earliest
moment by telegraph, stating, also, if you accept, the time at which
you can arrive in this city.

Respectfully, your obedient servant,

L. P. WALKER.

Milledgeville, April 10, 1861.
Hon. L. P. Walker:

The Washington Artillery Company, of Augusta, Captain Girardey,
held meeting last night and announced ready. They are subject to
your order in future. Much confusion will be avoided if you will
make your requisitions for troops on me in the first instance before
you make a call on the militia companies of this State, as I might be
better acquainted than you can be with the best selection of com-
panies for the service.

JOSEPH E. BROWN.

216 CORRESPONDENCE, ETC.

Montgomery, April 10, 1861.
Joseph E. Brown,

MiUedgevULe :
No requisition has been made except through yourself in the first
instance. The call for Hill's company was made for the reason pre-
viously stated. You may feel satisfied that I shall regard all the
courtesies.

L. P. WALKER.

New Haven, Conn., April 10, 1861.
Hon. Jefferson Davis:

My Dear Sir : I am a native of Tennessee, the stepson of the Hon.
John Bell, of that State; the brother-in-law of Capt. John Pope, of
the topographical engineers, the relative of Mrs. Mary McRee, in
whose husband's company you served as lieutenant. I enter into
this personal detail that I may, in some degree, prove to you that my
connections are respectable, and that my statements and propositions
may be received with some confidence. From present indications
war seems to be resolved upon. If this dread contingency should
arise, I can, without the slightest diificulty, raise and equip from this
city two companies of 100 men each to serve under your command,
every man a Democrat, upon whom you can rely. I have an
independent fortune, and do not ask pecuniary assistance from any
quarter. I only ask from you that you wiU receive these companies
and grant for the war commissions to such ofl&cers as they may elect.
I am a lawyer by profession, a graduate of Yale College, served in
the Mexican war, was present at the siege of Vera Cruz and the
battle of Cerro Gordo, and on account, of my health have resided in
this city for the past six years. Mr. Toombs is acquainted with my
family, and will, I doubt not, assure you of its respectability; but I
believe you know my mother, Mrs. John Bell, whom you have met in
Washington.

With my most ardent wishes for your personal welfare, and for
your successful administration amid the difficulties and embarrass-
ments which encompass you,

I remain, with great personal esteem, most respectfully, your friend,

THOMAS YEATMAN.

Montgomery, April 10, 1861.
John Forsyth,

Washington, D. C:
Will take, to be delivered at once, ninety tons cannon and ten tons
musket powder. Let there be no mistake as to its quality, and let me
know terms, &c. Will not take rifles.

L. P. WALKER.

Washington, April 10, 1861.
L. P. Walker,

Secretary of War:
I have ordered 200 tons best Hazard's cannon-powder at price paid
by United States Government, to be delivered in same manner ,as the
pistols. ^

JNO. FORSYTH.

confederate authorities. 217

General Orders, ) Executive Dbpt., Adjt. Gen.'s Office,

No. 5. j MiRedgeviUe, Ga., April 10, 1861.

The Government of the Confederate States having made a contin-
gent requisition upon this State for 3,000 volunteers, "to be well
drilled, equipped, and held in instant readiness to meet any requisi-
tion from the War Department," the Governor and commander-in-
chief invites offers of service from the volunteer companies of the
State, to serve not less than twelve months, unless sooner discharged,
and to go wherever i-equired. No company will be received that has
less than fifty or more than eighty, rank and file ; that is not provided
with a plain service uniform and a change of underclothing; that is
not well drilled, and that does not pledge itself to march at a moment's
notice when and where ordered. Knapsacks, haversacks, canteens,
and camp equipage will be supplied to the companies when actually
called out. Tenders of service under this invitation will be addressed
to this of&ce and will be accompanied by accurate muster-rolls of the
officers, non-commissioned officers, musicians, and privates composing
the company and by correct lists of the arms (kind and condition),
aceouterments, equipments, tents, and other military property in the
possession of the company deemed of use. Each individual enrolled
will be regarded as having pledged himself to the requirements of this
order. Cavalry and artillery companies are not included in the call.

By order of the commander-in-chief:

HENRY C. WAYNE,

Adjutanir Oeneral.

Jackson, Miss., April 10, 1861.
Hon. L. P. Walker:

The papers publish that a call for 3,000 troops from Mississippi has
been made. Is it true ?

JOHN J. PETTUS.

Montgomery, AprU 10, 1861.
Governor John J. Pettus,

Jackson, Miss.:
The call is conditional, to be held in readiness for emergency. Have
written to you fully.

L. P. WALKER.

Montgomery," J.pririi, 1861.
Hon. John Forsyth,

Washington :
Is the powder ready for delivery ? If not, we have an order cover-
ing the point. The object in replying as I did to you was to get
immediate supply. If to be manufactured, nothing is gained. The
order to you was for ninety tons cannon and ten tons musket powder.
Reply specially, and state time of delivery.

L. P. WALKER.

EUTAW, April 11, 1861.
Hon. L. P. Walker:

Dear Sir: I see it stated in the pai)ers, whether reliable or not I
am unable to say, that our commissioners have been refused at Wash-

218 COBRESPONDENCE, ETC.

ington; that the prospect of immediate war is imminent, and that a
requisition has been made on Alabama for 3,000 additional volunteers.
Please advise me how much of aU this is true, and if there is a call
for more men from Alabama what is the prospect for immediate and
active service ? What is the term of service ? If a battalion or regi-
ment organized and ofl&cered is raised, will it be received as such as a
part of the quota of volunteer troops required from Alabama ? Please
write me fully immediately.
Your friend,

S. F. HALE.

Montgomery, April 11, 1861.
Maj. E. KiRBT Sjiith,

Saint Aiigustine, Fla.:
Your presence is wanted here. Come at once.

S. COOPER.

Executive Department,

MilledgevUle, April 11, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: Your requisition for 3,000 more volunteers, to be held in readi-
ness to respond to any future order from your Department, has been
received, and I have ordered the adjutant-general to issue a general
order to the volunteer companies of this State informing them of the
fact and inviting such as desire to enter the service to report immedi-
ately io this office. * I apprehend no difficulty in procuring a sufficient
number to fill the requisition if they should be needed. We will do
all in our power to be prepared with tents, accouterments, &c., which
we have made at the Georgia penitentiary, which has to sustain itself.
It will therefore require the payment of cash from the Confederate
States for these supplies when furnished. It is perhaps proper that
I should here mention that you will be expected to appoint some one
to muster the volunteers into the service of the Confederate States
while in this State, if they are destined for service out of the State,
before the next regiment will be ordered to rendezvous for service out
of the State. The sending of Georgia troops into other States to be
mustered into service is attended with so much confusion and diffi-
culty that I cannot recognize the instance of. the regiment lately sent
under peculiar circumstances as a precedent. As I wish no misun-
derstanding about this matter in future, I think it best to notify you
of my conclusion in advance of a call for actual service, so that you
may designate the officer who will perform that service in advance of
a call by me for the rendezvous of the troops. I have every wish to
accommodate, and Georgia will at all times be ready to do her part;
but she will insist on having her rights and wishes respected when
she is claiming the recognition of a principle of justice to her troops,
as well as of obvious propriety. The adjutant-general or any other
officer here under your appointment might perform the service.
Very respectfully, &c.,

JOSEPH E. BROWN.

* See p. 217.

CONFEDERATE AUTHORITIES. 219

[April 11, 1861. — For Pickens to Walker, in relation to call for
3,000 volunteers from South Carolina, see Series I, Vol. I, p. 304.]

Prodamaiion by the President of the Confederate States of America.

Whereas, an extraordinary occasion has occurred, rendering it nec-
essary and proper that the Congress of the Confederate States shall
convene to receive and act upon such communications as may be
made to it on the part of the Executive :

Now, therefore, I, Jefferson Davis, President of the Confederate
States, do issue this my proclamation, convoking the Congress of the
Confederate States for the transaction of business at the capitol, in
the city of Montgomery, on the 29th day of April, at 12 o'clock noon,
of that day, of which all who shall at that time be entitled to act as
members of that body are hereby required to take notice.

Given under my hand and the seal of the Confederate States, at
Montgomery, this 12th day of April, A. D. 1861.

[L. s.] JEFFERSON DAVIS.

By the President;

R. TOOMBS,

Secretary of State.

Confederate States op America, War Department,

Montgomery, April JS, 1861.
Hon. S. F. Hale,

Eutaw, Ala.:
Sir: The Secretary of War instructs me to say, in reply to your
letter of the 11th instant, that the events of the last two days he
does not doubt will have solved the most material question it con-
tained. The war has commenced, and for more than thirty hours the
bombardment of Fort Sumter has been steady and well managed, and
so far with results that seem to favor the idea of its early reduction.
The call on the several State Executives to which you refer was, as
you will have seen, conditional. It may be made absolute soon, but
that will depend on events. This Department receives the troops
furnished by the several States only through their respective Gov-
ernors. It will therefore be proper for the regiment or battalion
for which you write to make its application to His Ex«ellency the
Governor of Alabama.

Respectfully, your obedient servant,

J. J. HOOPER,
Private Secretary.

Marietta, April IS, 1861.
Hon. L. P. Walker,

Secretary of War, Montgomery, Ala.:
Sir: I desire to communicate a fact, which you can use as you may
think best. Capt. Arnold Elzey is at present in command at Old Point
Comfort. He is a Marylander, and despairing of his State seceding
and connecting herself with the Confederate States, is unwilling to
remain longer in his present position. Captain Elzey has sympathized

220 CORRESPONDENCE, ETC.

with the Southern movement from the first. He was in command of
the Augusta Arsenal, where he acted very handsomely. You may
rely on this information, for I know it to be correct. As to your
informant, I refer you to Governor Cobb.
Very respectfully,

WM. PHILLIPS.

Barrancas, April IS, 1861.
Hon. L. P. Walker:

Sir: Excuse me for addressing you x)ersonally upon the subject that
I am about to introduce; but having exhausted all the regular modes,
I now apply to you. I do so with more confidence, knowing that it is
your wish that the men from your section of the State should, when
called upon, give a good account of themselves. To the subject:
Three of the companies under my command are entirely destitute of
accouterments and almost of clothing. My ofl&cers have made their
requisitions upon the usual source of supply, but have always received
in reply that they had nothing on hand. Men cannot fight unless they
have something in which to carry their ammunition, nor make a
respectable appearance unless they are properly clothed. If there is
any source unknown to us where these very needful articles can be
had, please inform me and you will receive the thanks of my entire
command.

With much respect, your obedient servant,

J. G. COLTART,

Lieut. Col. Third Battalion, Alabama Twel/ve-MoniJis' Vols.

Adjutant and Inspector General's Office,

Montgomery, AprU 16, 1861.
Capt. Caleb Htise,

Corps of Artillery, Confederate States, on ordnance duty :
Sir: You are hereby directed to proceed to Europe, without unnec-
essary delay, as the agent of this Government, for the purchase of
ordnance, arms, equipments, and military stores for its use. Detailed
instructions as to the nature and extent of those purchases and as to
their shipment, with a view to speedy and safe transit, will be given
to you by the chief of the Bureau of Ordnance. You will, in addi-
tion to these duties, execute such instructions as may be given to you
by heads of other departments of this Govemmerft in reference to
their several departments. You will keep this Department constantly
advised of your address, and after executing the instructions now given
to you and such as may hereafter be sent to you, you will return and
report yourself in person to the War Department.
Respectfully, your obedient servant,

S. COOPER,
Adjvdant and Inspector Oeneral.

[April 15, 1861. — For Magoffin to Cameron and Ellis to Cameron,
refusing to comply with the requisition of President Lincoln for
militia from the States of Kentucky and North Carolina, respectively,
see Series III, Vol. I, pp. 70, 72.]

CONFEDERATE AUTHORITIES. 221

Richmond, Va., April 16, 1861.
Hon. L. P. WALKER,

Secretary of War:
Dear Sir: In compliance with the instructions contained in your
letter of the 6th instant, I have made every effort to purchase for the
Confederate States the ordnance at the Belona Foundry enumerated
in your communication to me. At one period there was every pros-
pect of my entire success, but recent events have decided the author-
ities here to secure the guns for the defense of Virginia, and they will
at once be put in position with that object. Both the Governor and
lieutenant-governor assure me that they have been thus appropriated.
Under these circumstances my further stay in Virginia becomes
unnecessary, and I shall return to Savannah without loss of time.
No communication from the Department has reached me since my
an-ival, though I have twice telegraphed that I could obtain a com-
plete field battery, with horse harness, spare carriage, <fcc. An oflftcer
of the Confederate service is here to inspect the ordnance that may
be turned out at the Tredegar Works.

I have the honor to be, very respectfully, your obedient servant,

ED WD. C. ANDERSON.

Frankford Arsenal, Pa., April 15, 1861.
Hon. L. P. Walker,

Montgomery, Ala.:
Sir: On receipt of your letter of the 9th instant I informed you (by
telegraph, as you requested) that I could not accept the offer therein
made.

Acknowledging the compliment paid me by the offer of a position of
such rank and dignity, but which the dictates of conscience, of honor,
and of duty now forbid me to accept,

I am, very respectfully, your obedient servant,

WM. MAYNADIER.

[April 15, 1861. — For Pickens to Davis, reporting action taken to
meet requisition for troops from South Carolina, see Series I, Vol. LIH,
p. 144.]

Confederate States of America, War Department,

Montgomery, April 16, 1861.

His Excellency the Governor of Alabama:

Sir: In addition to the 3,000 troops for which I had the honor, under
date of the 8th instant, to make a conditional call on the State of Ala-
bama, I now beg leave to request Your Excellency to hold in readi-
ness for instant movement 5,000 volunteer troops, armed and equipped,
or as nearly so as practicable, and subject in all respects to requisi-
tion from this Department as the troops called for in my letter of the
8th instant. This call is precisely similar, except as to number, and
in addition to that for the 3,000. The importance of holding the entire
force now and previously called for in absolute readiness Your Excel-
lency will fully appreciate, in view of the hostile purpose of the Wash-
ington Government, as indicated in the recent proclamation of the

222 CORRESPONDENCE, ETC.

President of the United States, which has just reached this Depart-
ment, and which, in the opinion of this Government, makes this addi-
tional call necessary.

Very respectfully, your obedient servant,

L. P. WALKER.

(The same, mutatis mutandis, to the Governors of Florida, Georgia,
Louisiana, Mississippi, South Carolina, and Texas, Florida being caUed
upon for 2,000 men.)

[April 16, 1861. — For Walker to Hindman, in relation to accept-
ance of troops from States not yet members of the Confederacy, and
especially as to Arkansas, see Series I, Vol. I, p. 684.]

Confederate States op America, War Department,

Montgomery, April 16, 1861.
Lieut. Col. J. G. Coltart,

PensoAxila:
Sir: Tour letter of the 13th instant has been received by the Sec-
retary of War, who instructs me to reply to it. It is a source of very
great regret to the Secretary that any of the troops in the service
should be without supplies necessary either to their efi&cieney or com-
fort, and in the case of which you speak his i)ersonal interest is added
to his sense of justice as the head of this Department. He begs you
to remember, however, how difficult it is in the very nature of things
for a new government to place a large body of troops hurriedly in the
field without practically ascertaining points of deficiency and some
cause for complaint. But the Secretary requests me to say that the
necessary accouterments shall be forwarded to the companies you
indicate at the very earliest possible moment. In regard to clothing, the
Secretary begs to call your attention to the fourth section of "An act
to provide for the public defense," which contains the provision, "and
instead of clothing, every non-commissioned ofiScer and private in any
company shall be entitled, when called into actual service, in money to
a sum equal to the cost of clothing of a non-commissioned officer or
private in the Regular Army of the Confederate States of America."
Under this provision your companies can supply themselves with
clothing, and to meet the expense are entitled to and can draw the
commutation for clothing, which the Secretary trusts will remove all
inconvenience on that point.

Respectfully, your obedient servant,

J. J. HOOPER,

Private Secretary.

[April 16, 1861. — For Letcher to Cameron, refusing to comply with
the requisition of President Lincoln for militia from Virginia, see
Series III, Vol. I, p. 76.]

[April 16-18, 1861. — For correspondence between Moore (of Louisi-
ana), Davis, and Walker, in relation to a regiment of Kentnckians
for the Confederate service, see Series I, Vol. LII, Part II, pp. 50, 53,
54.]

CONFEDERATE AUTHORITIES. 223

Montgomery, April 17, 1861.
His Excellency Governor Pettus,

Jackson, Miss.:
The Secretary of War directs me to telegraph you his letters,
respectively, of the 8th and 16th instant,* making conditional calls
on Mississippi for volunteer troops. Said letters were mailed to Tour
Excellency on the days they respectively bear date.
Your obedient servant,

J. J. HOOPER,

Private Secretary.

[April 17, 1861. — For Harris to Cameron, and Jackson to Came-
ron, refusing to comply with the requisition of President Lincoln for
militia from Tennessee and Missouri, respectively, see Series IH, Vol.
I, pp. 81, 82.]

AN ORDINANCE to repeal the ratification of the Constitntion of the United
States of America by the State of Virginia, and to resume all the rights and
powers granted under said Constitution.

The people of Virginia in their ratification of the Constitution of
the United States of America, adopted by them in convention on the
twenty-fifth day of June, in the year of our Lord one thousand seven
hundred and eighty-eight, having declared that the powers granted
under said Constitution Avere derived from the people of the United
States and might be resumed whensoever the same should be perverted
to their injury and oppression, and the Federal Government having
perverted said powers not only to the injury of the people of Virginia,
but to the oppression of the Southern slave-holding States:

Now, therefore, we, the people of Virginia, do declare and ordain.
That the ordinance adopted by the people of this State in convention
on the twenty-fifth day of June, in the year of our Lord one thou-
sand seven hundred and eighty-eight, whereby the Constitution of the
United States of America was ratified, and all acts of the General
Assembly of this State ratifying and adopting amendments to said
Constitution, are hereby repealed and abrogated ; that the union be-
tween the State of Virginia and the other States under the Constitu-
tion aforesaid is hereby dissolved, and that the State of Virginia is in
the full possession and exercise of all the rights of sovereignty which
belong and appertain to a free and independent State. '

And they do further declare. That said Constitution of the United
States of America is no longer binding on any of the citizens of this
State.

This ordinance shall take effect and be an act of this day, when
ratified by a majority of the votes of the people of this State cast at a
poll to be taken thereon on the fourth Thursday in May next, in pur-,
suance of a schedule hereafter to be enacted.

Adopted by the convention of Virginia April 17, 1861.

JOHN JANNEY,

President.
JOHN L. EUBANK,

Secretary.

•See pp. 211,321.

224 COERESPONDENCE, ETC.

[April 17, 1861. — For ordinance of the Virginia convention, author-
izing the Governor to call volunteers into service, see Series I, Vol. LI,
Part II, p. 22.]

General Orders, ) War Department,

> Adjt. and Insp. General's Office,
No. 5. ) Montgomery, April 18, 1861.

In honor of the official announcement of the secession of the State
of Virginia, and her adherence to this Confederacy, a salute of eight
guns will be immediately fired in front of the Government building.
By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Memphis and Ohio Railroad, President's Office,

Memphis, Tenn., April 18, 1861.
Hon. L. P. Walker,

Secretary of War, Confederate States of America,

Montgomery, Ala.:
Sir: I am authorized by our Board of Directors to say to you that
all troops and munitions of war for the use of your Government will
be transported free of charge over this road. The following resolution
was adopted unanimously at a meeting of our directors held in this
city on the 16th instant:

Resolved, That the officers of this road be instructed to transport free of charge
all troops and munitions of war for the use of the Confederate States of America
over this road, and that the president convey officially forthwith to the Govern-
ment at Montgomery the action of this Board.

Very respectfully, your obedient servant,

J. P. WOOD,

President.

Montgomery, Ala., April IS, 1861.
Hon. L. P. Walker,

Secretary of War:
Dear Sir: In the matter of the Georgia forces and the reception
of the tender made of them by the Governor of that State, I submit
these views according to promise : By the third section of the act of
Congress of the 28th of February the President of the Confederate
States is "authorized to receive into the service of this Government
such forces now in the service of said States as may be tendered," &c.
Georgia had in January, 1861, ordered the raising of two regiments for
the service of the State. These regiments were organized in battalions
and companies, with all proper officers for efficient service, before the
28th of February, but the rank and file of the companies was not com-
plete at that time; many of the companies without any men at all.
Some of these have been filled up since, and the Governor is going on
and filling up the rest by enlistments as fast as possible with the view
of turning them over to the President. The question now presented,
as I understand, is, can the President receive any forces or men from
the respective States mentioned in the third section of the act of

CONFEDERATE AUTHORITIES. 225

the 28th of February which were not at the time the act passed
actually in the service of the State? This depends upon the proper
construction of the word "now" in the act. What was the force and
meaning of that word at the time the act passed ? Was it not intended
to embrace all such forces as it was known that the States had raised
for their respective defenses, and which in legal contemplation were
then in service? Could any other idea have been entertained ? To
me this seems clear. A narrower or more restricted construction
would prevent the President from receiving a single man who might
have been recruited to fill up a vacancy after the 28th of February.
This cannot be supposed to have been the intention of the act. If a
single man recruited after the 28th of February can be received, why
may not a whole company whose entire rank and file has been similarly
filled up be received? The words "forces"and "now in the service,"
&c., must have had reference to the known military organization of
the States at that time, and not to the personnel or individuals
actually then constituting the companies.
These views I respectfully submit to your consideration.

ALEXANDER H. STEPHENS.

Confederate States of America, War Department,

Montgomery, April 18, 1861.
Thomas Yeatman, Esq.,

New Haven, Conn.:
Sm: Your communication to the President of the Confederate States
has been submitted to this Department, and I am instructed by the
Secretary of War to express his warm appreciation of your loyalty and
patriotism, as evinced by your proposition. Events indicate even
more strongly than at the date of your letter (10th instant) that within
a very short time it will become proper to receive into the forces of
this Confederacy troops like those you propose to raise. Confident as
we are of our ability to repel all aggression, this Government is dis-
posed to welcome among the defenders of our institutions all such as
are willing to assist in the re-establishment of sound principles on this
continent. I am further instructed to say that while the Government
is not at this moment prepared to accept absolutely your oflEer it trusts
you will keep yourself and your associates prepared to move so soon
as this Department shall be able to do so, at which time notice of the
point within the Confederate States at which you will bg received will
immediately be forwarded to you. The Secretary offers you the
expression of his high esteem.

Respectfully, your obedient servant,

J. J. HOOPER,

Private Secretary.

MiLLEDGEVILLE, AprU 18, 1861.

Hon. L. P. Walker:

I will have the 8,000 troops in readiness very soon. I have a division
of volunteers nearly organized under act of the Legislature. Will
you accept them by division and brigades? This would greatly facil-
itate.

JOSEPH E. BROWN,

15 R R — SERIES IV, VOL I

226 CORRESPONDENCE, ETC.

Jackson, Miss., April 18, 1861.
L. P. "Waxker:

We have ten companies of cavalry. Will they be included in the
requisition for 8,000 troops?

CHAS. CLARK,

Major- General.

Charleston, April 18, 1861.
L. P. Walker:

Received yours of April 16. Call for 5,000 more men will be
responded to. South Carolina will always answer to the first tap of
the drum.

F. W. PICKENS.

Tallahassee, April 19, 1861.
L. P. Walker:

Sir: I am engaged in raising the 1,500 troops called for, and will
hurry them up. Will 500 additional troops be called for from this
State? Our effective force does not exceed 13,000.

M. S. PERRY.

Montgomery, April 19, 1861.
Governor M. S. Perry,

Tallahassee, Fla.:
Two thousand additional troops have been called for, but if you
cannot raise them expeditiously let me know, and I will revoke the
requisition and make it elsewhere.

L. P. WALKER.

Montgomery, April 19, 1861.
Governor Brown,

MiUedgeviMe :
I have not determined the question relative to divisions or brigades
propounded in your dispatch of the 18th.

L. P. WALKER.

Montgomery^ ^priZ 19, 1861.
Governor Joseph E. Brown,

MUledgeviUe:
Your letter of the 17th of April is received.* For the sake of har-
mony and in the spirit of your proposition, I accept it. Technicalities
must not stand in the way of preparation.

L. P. WALKER.

Montgomery, April 19, 1861.
General Charles Clark,

Jackson, Miss.:
Three companies of cavalry may be organized as part of requisition
for 8,000 troops.

L. P. WALKER.

* Not found.

CONFEDERATE AUTHORITIES. 227

[April 19, 1861. — For Toombs to Stephens, appointing the latter
special commissioner of the Confederate States to the Commonwealth
of Virginia (with inclosures), see Series I, Vol. LI, Part II, p. 18.]

Tallahassee, April 20, 1861.
Hon. L. P. Walker:

I will raise 2,000 troops as soon as possible.
BespectfuUy,

M. S. PERRY.

Montgomery, April 20, 1861.

Armaments of Forts Moultrie, Siemter, and Castle Pvnckney {to
which m,ust be added the pu/rchase made since by South Carolina). —
Ten-inch columbiads, 3; 8-inch columbiads, 20; 8-inch sea-coast
howitzers, 10; 42-pounder guns (estimated), 24; 32-pounder guns
(estimated), 55; 24-pounder guns (estimated), 33 (purchases from
Citadel in Charleston) ; 10-inch sea-coast and siege mortars, 16, and
9-inch heavy guns, 2, with a large supply of shot, shell, grape, and
canister, and nearly 180,000 pounds of cannon powder (part purchased
by the State) ; 40,000 pounds of musket powder (part purchased by
the State); 40,000 pounds of rifle powder (part purchased by the
State); 450,000 percussion-caps (part purchased by the State); 20,000
friction-tubes (part purchased by the State), and 52,000 pounds of
lead (pig|.

Fort Pulaski. — Thirty-two pounder guns, 20. Not known what
additions have been made. There is a good supply of ammunition.

Forts in Pensacola Harbor. — Ten-inch columbisuis, 3 ; 8-inch colum-
biads, 12; 42-pounder guns, 24; 32-pounder guns, 34; 24-pounder
guns, 75; 18-pounder guns, 5; 12-pounder guns, 2; 8-inch sea-coast
howitzers, 3; 24-pounder howitzers (for flank defense), 8; 8-inch navy
guns, 2; total guns and howitzers, 169; 13-inch mortars, 2; 10-inch
mortars, 1, and Coehorn mortars, 6; total mortars, 9. A good supply
of shot, shell, grape, and canister on hand and making at Mobile.

Fort Morgan. — Ten-inch columbiads, 2 ; 8-inch columbiads, 2 ; 32-
pounder guns, 64; 24-pounder guns, 15; 24-pounder howitzers (flank
defense), 20; 10-inch mortars, 2, and 6-pounder field guns, 2; total,
107; 34,000 pounds of cannon powder and 550 muskets and rifles.

Fort Pike. — Twenty-four-pounder guns; 18; 24-pounder howitzers
(flank defense), 9; total, 27; 5,600 pounds of cannon- powder and
good supply of balls, strap-shot, and canister.

Forts Jackson and Saint Philip. — Eight-inch columbiads, 7; 24-
pounder guns, 50; 24-pounder guns (flank defense), 9; 32-pounder -
guns, 14; total, 80; 36,000 pounds of cannon powder and supply of
shot and shell.

RECAPITULATION.

Ten-inch columbiads, 8; 8-inch columbiads, 41 ; 24-pounder guns,
191; 24-pounder guns (flank defense), 9; 32-pounder guns, 188;
24-pounder howitzers (flank defense), 37; 10-inch mortars, 19;
6-pounder field guns, 2; 42-pounder guns, 48; 18-pounder guns, 5;
12-pounder guns, 2 ; 8-inch sea-coast howitzers, 13 ; 8-ineh navj' guns,
2; 13-inch mortars, 2; Coehorn mortars, 6, and 9-inch navy guns, 2;
in fortifications, 375.

228 CORRESPONDENCE, ETC.

At arsenals. — Thirty-two pounder guns, 40; 24-pounder guns, 3;
24-pounder howitzers (for flank defense), 6, and 8 and 10 inch mortars,
5; total in fortifications and arsenals, 429.

Field pieces in store at forts. — Six-pounder guns, 14; 12-pounder
howitzers, 9; 24-pounder howitzers, 1; mountain howitzers, 5, and
6-pounder rifled guns, 6 ; total on hand, 35.

Ordered and eocpected. — Six-pounder guns, 4; 12-pounder howitzers,
2; 6-pounder steel guns (rifled), 6, and rounds of projectiles for the
above, 27,518.

Powder. — Cannon powder at forts and arsenals, 329,145 pounds;
musket powder at forts and arsenals, 91,709 pounds, and rifle powder
in forts and arsenals, 70,257; total powder in forts and arsenals,
491,091 pounds. Small-arms cartridges of all kinds and in store at
ar.senals, 3,200,000.

Small-arms in hands of troops and at arsenals. — Rifled muskets,
1,765; percussion muskets, 60,886; muskets altered to percussion,
19,556; muskets (flint-lock), 8,283; percussion rifles, 6,990; Hall rifles,
5,001; Colt rifles, 73; carbines, 735; percussion pistols, 2,408, and
Colt pistols, 468; total, 106,165.

Swords, sabers, &c. — Cavalry sabers, 407 ; cavalry sabers (model of
1840), 808; horse artillery sabers, 499, and artillery swords, 344; total,
2,058.

A considerable portion of the above arms have been issued to troops
in the several States. Returns from the various forts and arsenals
are very imperfect and sometimes wholly wanting. The foregoing
statements do not, therefore, exhibit the entire quantity of material
on hand.

J. GORGAS,
Major and Chief of Ordnance, C. S. Army.

[April 20, 1861. — ^For Harris to Cameron, explaining grounds of
action in refusing to comply with requisition of President Lincoln for
militia from Tennessee, see Series III, Vol. I, p. 91.]

Confederate States of America, War Department,

Montgomery, April 21, 1861.
J. P. Wood, Esq.,

President Memphis and Ohio Railroad:
Sir: In compliance with the request of the Secretary of War, it
gives me great pleasure to acknowledge the receipt of your letter of
the 18th of April, inclosing the resolution passed by your Board of
Directors to pass over the Memphis and Ohio Railroad all troops and
munitions of war for the service of the Confederate States free of
charge. It is truly gratifying to the Government, in the midst of its
labors for the general defense of the Southern States against a per-
fidious and incendiary foe, to receive such evidences of self-sacrificing
and fervent patriotism, and I cordially thank yourself and your direct-
ors in the name of this Department for your generous resolution.
With high consideration and respect, your obedient servant,

JOHN TYLER, Jr.

CONFEDERATE AUTHORITIES. 229

General Orders, ) War Department,

[• Adjt. and Insp. General's Office,
No. 6. ) Montgomery, April 22, 1861.

DETAIL FOR RECRUITING SERVICE.

The following officers are detailed for the recruiting service and
will enter upon that duty without delay, at the places respectively
designated :

Capt. Theodore O'Hara, at Vicksburg, Miss.

Capt. Robert G. Cole, at Augusta, with branch rendezvous at
Macon and Milledgeville, Ga.

Capt. Stephen D. Lee, at Charleston, S. C.

First Lieut. Charles W. Phifer, at New Orleans, La.

First Lieut. Edward Ingraham, at Mobile, Ala.

The recruits when enlisted will be sent to depots as follows :

From Augusta, Macon, and MilledgeviUe, to Augusta Arsenal.

From Mobile, to Fort Morgan.

From New Orleans, to Baton Rouge Barracks.

From Vicksburg, to Baton Rouge Barracks.

The recruits enlisted at Charleston will be quartered at the Arse-
nal Barracks.

The officers stationed at Charleston, Augusta, and Mobile will make
requisition for clothing upon this office, and in like manner all
recruiting officers will send in their estimates for funds.

The first issue of clothing to recruits will be one blue shirt (to be
made into a blouse), three undershirts, two pairs of overalls, two
pairs of drawers, two pairs of stockings, one pair of bootees, one
blanket, one leather stock.

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

[April 22, 1861. — For Rector to Cameron, refusing to comply with
the requisition of President Lincoln for militia from Arkansas, see
Series in, Vol. I, p. 99.]

AN ACT of ratification.

Whereas, by act of the General Assembly of the "State of Florida a
convention of the people was ordained to be assembled in the city of
Tallahassee on the 3d day of January, A. D. 1861, "for the purpose of
taking into consideration the dangers incident to the position of this
State in the Federal Union, and the measures which may be necessary
and proper for providing against the same, and to amend the consti-
tution of the State of Florida so far as the same, in the judgment of
said convention, may be necessary," and therefore "to take care that
the Commonwealth of Florida shall suffer no detriment;"

And whereas, we, the delegates of the people of the State of Florida,
did, in pursuance of said act, assemble in convention on the day and
in the place therein specified, and being thus charged with the duties
aforesaid, after mature deliberation and in considerate performance
thereof, did, on the 10th day of January, in the year of our Lord 1861,

230 CORRESPONDENCE, ETC.

in convention aforesaid, "ordain, publish, and declare" that the State
of Florida "hereby withdraws herself from the confederacy of States
existing under the name of the United States of America, and from
the existing Government of said States; and that all political connec-
tion between her and the Government of said States ought to be, and
the same is hereby, totally annulled, and said union of States dis-
solved, and the State of Florida declared a sovereign and indei)endent
nation ; and that all ordinances heretofore adopted in so far as they
create or recognize said union are rescinded, and all laws or parts of
laws in force in this State in so far as they recognize or assent to said
union be, and they are hereby, repealed;"

And whereas, the people of the State of South Carolina, in conven-
tion assembled, had dissolved their connection with the Government
of the United States of America, and invited such other of the slave-
holding States as might in like manner declare their independence, to
meet her in convention at Montgomery, in the Stat« of Alabama, for
the purpose of forming a new government;

And whereas, this convention did appoint three delegates to meet in
a convention of States, at Montgomery aforesaid, on the 13th day of
February last, or at such other time and place as might be agreed
upon, the delegates of such other slave-holding States as then had or
should have, before the final adjournment of said convention, dis-
solved their connection with the late Federal Union, for the purpose,
among other things, of forming a permanent government for a con-
federacy of such States;

And whereas, a convention of delegates from the following States,
viz. South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana,
and Texas met at Montgomery aforesaid, and on the 11th day of
March, A. D. 1861, agreed upon and reported to the convention of the
several States therein represented a Constitution for the Confederate
States of America:

Now, be it known that we, the delegates of the people of the State
of Florida, in convention assembled, in the name and in behalf of
the people of the State, having maturely deliberated and fully con-
sidered the aforesaid proposed Constitution, do, by these presents,
assent to and ratify the Constitution adopted by the Congress of States
aforesaid on the 11th day of March, A. D. 1861, at Montgomery, in the
State of Alabama, for the government of the Confederate States of
America; declaring, nevertheless, that as the powers conferred
through said Constitution on the Confederate Government emanate
from the people of the several States, in their separate sovereign
capacity, said powers may be resumed, in the same manner in which
they are delegated, whenever they shall be perverted to the injury of
the people; each State by her delegates in convention having the
right to judge of the occasion that may require such action; and
hereby announcing to all those whom it may concern that the said
Constitution is binding on the people of the State of Florida.

Adopted unanimously in open convention at the capitol, in the city
of Tallahassee, Monday the 22d day of April, A. D. 1861.

JOHN C. McGEHEE,

President of Convention.

Attest.

WILLIAM S. HARRIS,
Secretary of Convention.

confederate authorities. 231

Confederate States op America, War Department,

Montgomery, April 22, 1861.
His Excellency A. B. Moore,

Montgomery, Ala.:
Sir: I have the honor hereby to call upon Your Excellency for two
regiments of infantry for the service of the Confederate States, to
rendezvous at Lynchburg, Va., at the earliest possible moment, and
to be mustered in at such point as Your Excellency may designate
^vithin or without the State of Alabama. Transportation and sub-
sistence expenses of these troops will be paid by this Government
from the point of departure. In all respects these two regiments will
conform to the regulations under which troops have been heretofore
raised by the State of Alabama for this Government, and which are
so well known to Your Excellency as to need no repetition here. I
shall confidently hope that Your Excellency will be able to fill this
requisition in a very short time, as much depends upon the celerity
with which this force is moved forward'.

With great respect, your obedient servant,

L. P. WALKER.

Montgomery, Ala., April 22, 1861.
Hon. L. P. Walker,

Secretary of War Confederate States of America:
Sir: The military operations which you have indicated as impend-
ing render it at once necessary to secure a very large supply of sub-
sistence stores. The failure of the crops in Tennessee and Southwest
Virginia renders it imperative to collect all that is available without
delay. The obstacles threatening in the Northwest are equally sig-
nificant. I therefore respectfully urge on your attention that a credit
not less than $500,000 be issued in favor of Col. Fleming Hodges to
enable him to carry out the above-mentioned purpose.
I have the honor to be, sir, very respectfully, your obedient servant,

L. B. NORTHROP,
Lieut. Col. and Acting Commissary- General, C. S. Army.

Montgomery, April 22, 1861.
Governor Joseph E. Brown,

MiEedgeviHe:
I make requisition on you for two regiments of infant^, to rendez-
vous without delay at Richmond, Va. Conform the organization as
far as possible to the law providing for the public defense. They
will be mustered into service at such place as you may designate, and
transportation and subsistence provided accordingly. Answer.

L. P. AVALKER.

Montgomery, April 22, 1861.
Governor B. Magoffin,

Frankfort, Ky.:
Sir: Your patriotic response to the requisition of the President of
the United States for troops to coerce the Confederate States justifies
the belief that your people are prepared to unite with us in repelling

232 CORRESPONDENCE, ETC.

the common enemy of the South. \ irginia needs our aid. I therefore
request you to furnish one regiment of infantry without delay, to
rendezvous at Harper's Ferry, Va. It must consist of ten companies
of not less than sixty-four men each. The regiment will be entitled
to one colonel, one lieutenant-colonel, one major, one adjutant from
the line of lieutenants, one sergeant-major from the enlisted men.
Each company is entitled to one captain, one first lieutenant, two
second lieutenants, four sergeants, four corporals, and two musicians.
The oflScers, except staff officers, are to be appointed in the manner
prescribed by the law of your State. Staff officers are appointed by
the President; the term of service not less than twelve months,
unless sooner discharged. They will be mustered into the service of
the Confederate States at Harper's Ferry, but transportation and sub-
sistence will be provided from the point of departure. They will fur-
nish their own uniform, but will receive its value in commutation.
Arms and ammunition will be sent to Harper's Ferry or such point as
you may designate. Answer, and say whether you will comply with
this request, and if so, when.

L. P. WALKER,
Secretary of War.

(The same, mutatis mutandis, to the Governor of Arkansas, for one
regiment, to rendezvous at Lynchburg, Va. ; North Carolina, for one
regiment, to rendezvous at Richmond, Va. ; Tennessee, for three regi-
ments, to rendezvous at Lynchburg, Va.)

Montgomery, April 22, 1861.
Governor Thomas O. Moore,

New Orleans:
I make requisition on you for one regiment of infantry, to rendez-
vous without delay at Richmond, Va. Conform the organization as
far as possible to the law providing for the public defense. It will
be mustered into service at such place as you may designate, and
transportation and subsistence provided accordingly. Answer.

L. P. WALKER.

Montgomery, April 22, 1861.
Governor Thomas O. Moore,

New Orleans:
I telegraphed you to-day for one regiment, to rendezvous at Rich-
mond, Va. If you have two regiments ready you may order both to
Richmond. I cannot say now how long it wiU be before the others
are called into service. I think not long, however.

L. P. WALKER.

New Orleans, April 22, 1861.
L. P. Walker:

Ten companies left. Three here with St. Paul's. Shall I send
them to Pensacola? Shall I have the companies offering under the
requisition mustered into service of Confederate States as they
arrive ? Kentucky regiment looked for soon, without arms. Answer.

THO. O. MOORE.

CONFEDERATE AUTHORITIES. 233

Montgomery, Ala., April 22, 1861.

Governor Thomas O. Moore,

New Orleans:
The three companies with St. Paul's can be sent to Pensacola.
The companies offering under my conditional requisitions will not be
mustered into service until the call is made absolute.

L. P. WALKER.

Montgomery, April 22, 1861.
Governor John J. Pettus,

Jackson, Miss.:
I make requisition upon you for two regiments of infantry, to ren-
dezvous without delay at Lynchburg, Va. Conform the organization
as far as possible to the law providing for the public defense. They
will be mustered into service at such place as you may designate, and
transportation and subsistence provided accordingly. Answer.

L. P. WALKER.

Chakleston, S. C, AprH 22, 1861.
President Davis:

General Bonham with the troops is on his way to Richmond ; more
will start every day now. I have assigned Bonham, with his full
staff, subject to your order and mine, to terminate upon your giving
another. He desired his staff. They are subject to your orders in all
things. There is difl&culty in selecting proper troops, as I desire none
but what are experienced.

F. W. PICKENS.

Nashvilij!, Aj^H 22, 1861.
L. P. Walker:

The defense of Virginia is the defense of Tennessee, as well as the
whole South, and while I have no authority under the constitution or
laws of Tennessee to order troops beyond the limits of the State, and
our military organization is very defective, yet I have no doubt I can
raise the three regiments for Lsnichburg within a very few days, and
think it safe to say you can rely upon them.

ISHAM G. HARRIS.

Montgomery, April 23, 1861.
Governor H. M. RECTOR,

lAttte Rock, Ark.:
If you received my dispatch of yesterday requesting you to furnish
a regiment I shall be obUged to know your answer.*

L. P. WALKER.

[April 23, 1861.— For Flournoy, et al., to Walker, tendering a regi-
ment from Arkansas, see Series I, Vol. I, p. 688, and for Walker to
Flournoy, accepting the regiment, see Series I, Vol. LI, Part II, p. 26.]

•For reply, see Series I, Vol. I, p. 687.

234 C0ERE8P0NDENCE, ETC.

MiLLEDOEVILLE, April 2S, 1861.
Hon. L. P. WaIiKER:

I will respond as promptly as possible to your requisition for two
regiments of infantry. Can only tender them organized according to
the laws of Georgia. Could send forward some companies very soon.
I propose that each company march as soon as ready by way of
Augusta, where you will be expected to have an ofl&cer to muster each
into service as it passes and before it leaves the State, with the under-
standing that each ten companies when they arrive at Richmond be
permitted to elect field officers and organize into a regiment. In this
way the troops can arrive there with greater dispatch than if required
to rendezvous and form into regiments and be mustered in as regiments
before leaving Georgia. If this is agreeable I will direct railroad
companies in Georgia to send bills to you for transportation of com-
panies, and you will please make arrangements beyond Augusta.
Answer immediately, as I wish to know how to shape my orders.

JOSEPH E. BROWN.

Montgomery, April ZS, 1861.
Governor Joseph E. Brown,

MiUedgeviUe, Ga.:
Your proposition is entirely agreeable. Let me know when you will
be ready.

L. P. WALKER.

Milledgeville, April 23, 1861.
Hon. L. P. Walker:

To whom shall the companies report to be mustered into service at
Augusta? They are in different parts of the State, and cannot all
go forward for a few days. Some of them will start in a day or two.
WiU try to have tents, knapsacks, and accouterments for them all.
Will want some muskets from Augusta Arsenal. Please direct Major
Cumming, now there, to furnish them. Answer.

JOSEPH E. BROWN.

Montgomery, Ala., April 2S, 1861.
Governor Joseph E. Brovstj,

Milledgeville :
Captain Cole is ordered to Augusta to must6r in the troops. Major
Cumming is ordered to supply your requisition for muskets. I hope,
however, that you will make it as light as possible.

L. P. WALKER.

Montgomery, April 2S, 1861.
Governor Magoffin,

Frankfort, Ky.:
If you received my dispatch of yesterday requesting you to furnish
a regiment I shall be obliged to know your answer.*

L. P. WALKER.

* Not found ; but see Duncan to Walker, Series I, Vol. LI, Part II, p. 37.

CONPEDEEATE AUTHORITIES. 235

April 23, 1861.
L. P. Walker,

Secretary of War, Montgomery, Ala.:
I am exerting myself to have the regiments, as wanted by your
dispatches of yesterday, in readiness as early as practicable ; but as
our State cannot keep men in camp to move at any moment, for want
of means, and the Confederate Government will not take charge of
them until wanted for immediate use, they are obliged to remain at
home, and ordered here by me whenever you call for them. Of course,
then, it requires time, but rest assured all I can do will be done. If
I could receive them at any time and at once muster them into the
service of the Confederate States, I believe I could soon fill both
requisitions early. Will you order your commanding officer here to
receive and muster into service companies, battalions, or regiments
as fast as organized ? Otherwise it must always require time to bring
them here.

Yours, respectfully,

THO. O. MOORE.

Montgomery, April 23, 1861.
Governor Thomas O. Moore,

New Orleans:
Will you let me have two regiments or one ?

L. P. WALKER.

Jackson, Axn-U 23, 1861.
L. P. Walker:

Requisition for two regiments received. Will be promptly re-
sponded to. Will telegraph you place of rendezvous to-morrow.

JOHN J. PETTUS.

Raleigh, April 23, 1861.
Hon. L. P. Walker:

Our Legislature will meet soon, and will furnish the regiment as
soon as [I] get authority. Am concentrating troops here as fast as
possible.

JNQ. W. -ELLIS,

Governor.

State of South Carolina, Executive Department,

April 23, 1861.
I am willing, if a full roll of the above companies shall be made out,
to give the proper order for them to march to Virginia and Maryland
for defense; but still they are volunteers from South Carolina, and
not technically in the Provisional Army of the Confederate States,
but volunteers from South Carolina, to be placed under a Confederate
general for twelve months, if necessity requires, but not to be ordered
back to garrison any fort or to march to other States permanently
without the consent of the Governor of South Carolina.

236 COKRESPONDENCE, ETC.

Hon. Mr. Walker,

Secretary of War:

Sir: The men I have sent and am sending to Virginia are sent upon
the above conditions. I felt it a duty to make a difference between
the service in Virginia and Maryland and the services that might be
rendered in the Confederate States. Virginia has not yet joined the
Confederate Government, and is therefore in a different relation to
us from the States which are under the Confederate Government.
You will perceive that I expressly make as a condition that they shall
be commanded by a general of the Confederate forces, appointed by
the President. I take it for granted this will be entirely satisfactory
to the President. Please let me know. The difficulty I have had
arose from the sudden and unexpected events in Virginia and Mary-
land, and they did not volunteer or leave home with any expectation
of being called on to go to Virginia. Hardly any full regiment with
all its companies was prepared to go off so suddenly, and I have taken
parts of regiments, and the conditions annexed are that the regiment
shaU not be broken up, but the remnant called on, if necessary, to
re-enforce the part sent. About four companies start every day
or two.

Very respectfully, yours,

F. W. PICKENS. '

Columbia, S. C, April 23, 1861.
General D. F. Jamison :

Dear General : It is announced in the papers that you had gone
to Montgomery to make arrangements for the transfer of the volun-
teers in this State into the service of the Confederate States. I was
glad to see this announcement, and if Consistent with your views of
your duty I would be pleased if you would insist upon preserving
our brigaide organizations. If my brigade should consent to go into
the service of the Confederate States, or if two of my regiments should
consent to go, I would rejoice to be able to go with them. I have
here under my command two regiments, one of my own and one of
McGowan's, numbering about 2,000 troops. The call has not been
made yet for volunteers, but will be made in a few days. I have been
engaged during the last fortnight in organizing and drilling these
troops, and it would be hard for those who are devoting themselves to
this service to be superseded and their commands taken from them.
I have the honor to be, very respectfully, your obedient servant,

A.. C. GARLINGTON.

Confederate States of America, War Department,

Montgomery, April 2^, 1861.
H. J. Ranney,

President of the New Orleans, Jackson and

Great Northern Railroad Company, at New Orleans:
Sir: The President has referred to this Department your letter of
20th of April, inclosing the resolutions of the Board of Directors of
the New Orleans, Jackson and Great Northern Railroad Company,,
tendering the company's services for the transportation of troops and
munitions of war for the Confederate States free of expense. Rest
assured that this highly generous and patriotic action of your direct-
ory comes to this Government at an opportune moment and is most

CONFEDERATE AUTHORITIES. 237

acceptable in form and substance. Nothing could be more gratifying
to the Administration than such profound evidences of devotion to
the common cause. Men imbued with so elevated regard for public
necessities, and a spirit so self-sacrificing, are indeed worthy of lib-
erty, and set even before the members of the Government the loftiest
example of personal bearing in view of the arduous duties incident
to their position. In the name of the President and each member of
the Cabinet, I return you and your directory, individually and col-
lectively, our sincere and undivided thanks. The Quartermaster-
General will receive instructions to communicate with you in detail.
I have the honor to be, with consideration and respect, your obliged
and obedient servant,

L. P. WALKER,
Secretary of War.

Savannah, April 2^., 1861.
Hon. L. P. "Walker:

One of our correspondents in Glasgow has an iron clipper British
ship of 800 tons now at Halifax, Nova Scotia. We are authorized to
order her to Savannah if we will guarantee a return freight of cotton
with dispatch to England, where she is immediately required.
Although Halifax is not the cheapest place to buy provisions, they
can be had much cheaper there than here, and we propose leaving
to-morrow for Halifax in person, filling her with beef, pork, and fish
for account of the Southern Confederacy, and charging nothing for
our labor, provided you will guarantee the owners of the ship against
all losses by detention growing out of seizure, blockade, or being
ordered oflf to other ports if unable to enter this river. The papers
for the provisions would be made out in our name as British subjects.
We on our part would guarantee the ship a full cargo of cotton.
Answer by telegraph.

ANDREW LOW & CO.

[Indonement.]

The above is in every respect reliable, and in my judgment impor-
tant.

F. S. BARTOW.

New Orleans, April H, 1861.
L. P. Walker:

I hope to be able to senu one regiment complete on Saturday, if not
before.

THO. O. MOORE.

[April 24 and 25, 1861. — For Floumoy to Walker, in relation to
arms for a regiment from Arkansas, see Series I, Vol. I, p. 688.]

Raleigh, April 24, 1861.
Hon. L. P. Walker:

You shall have from 1,000 to 10,000 volunteers in a few days, with
arms, and 1 wish them to go as State troops. Many of our men will

238 CORRESPONDENCE, ETC.

enlist in Confederate Army. Will have a regiment ready in four
days. Funds will be required for transportation, as I cannot laivf uUy
draw on the State treasury for this purpose. I am anxious to send
at least three regiments. Our Legislature will meet in few days. I
will not await, however.

JOHN W. ELLIS.

Confederate States of America, War Dbpartbient,

Montgomery, April 25, 1861.
The Presidents op the several Railroad Companies now
assembled in Montgomery, Ala. :

Gentlemen: I avail myself of your presence in this city to ask
your assistance in arranging a plan for the transportation of troops
and material of war of every description to any point within the Con-
federate States at which they may be needed, and with the degree of
promptness required in all military operations. Having entire confi-
dence in the disposition of each of you to aid this Government with
all the means in your power, I respectfully ask that you will take this
subject under consideration and arrange with the Quartermaster-
General all necessary details, so that he may be enabled to call upon
yoii at any hour in the future for such transportation on your several
lines as the necessities of the service may demand.
With great respect, your obedient servant,

L. P. WALKER,
Secretary of War.

MiLLEDGEViLLE, Ga., April 26, 1861.
Hon. L. P. Walker:

I am obliged to be in the upper part of this State about a week.
Start to-morrow early. Will other troops be called for, and how
many, within that time ? Answer at once, that I may issue orders, if
necessary. Who appoints surgeons to volunteer regiments, and how
many to each ?

JOSEPH E. BROWN.

Montgomery, AprH 25, 1861.
Governor Joseph E. Brown,

MiUedgeviUe :
I cannot say just now when other troops will be called for; think
within a very short time. Probably two additional regiments from
Georgia. The law allows one surgeon and one assistant surgeon to
each regiment. I appoint them.

L. P. WALKER.

Augusta, April 25, 1861.
Hon. L. P. Walker:

Please inform me whether my division is to be called in the field.
The Governor can give me no satisfaction, and I desire to leave in
person for Virginia if I can't take a command there.

W. H. T. WALKER,
Major- OeneraZ First Division, Georgia Volunteers.

CONFEDEEATK AUTHORITIES. 239

Montgomery, Ala., A2yril 25, 1861.
General W. H. T. Walker,

Augusta, Ga.:
It would give me pleasure to be able to answer your question, but
I cannot. My requisitions are made upon the Governor, and all
troops come in through him.

L. P. WALKER.

[April 25, 1861. — For correspondence between Walker and Ellis,
in regard to procuring arms from the FayetteviUe Arsenal, see Series
I, Vol. I, p. 487. For other correspondence between the Governor of
North Carolina and the Secretary of War, from April 25, 1861, to
April 12, 1862, relating to raising, equipping, and keeping in the field
the troops from that State, see Series I, Vol. LI, Part II, pp. 33, 195,
203, 274, 367, 368, 371, 472, 474, 536.]

Executive Department, South Carolina,

April 25, 1861.
Hon. Mr. Walker,

Secretary of War, Montgomery, Ala.:
Sir: I received your telegram yesterday as to the purchases of
supplies — bacon, flour, <fcc. — in which you say you have ordered them
and that they will be sent to us in three weeks. I will order a requi-
sition of what may be necessary made out and inclose it to you, so
that you may know what to send us, and we will calculate on getting
it certain by three weeks. I have laid in supplies for four or five
weeks now, and one reason why I telegraphed you was that we might
not come into competition in purchasing the same articles in the same
markets unnecessarily. I have about 10,000 troops in actual service
with those sent to Virginia. I have two regiments in Columbia, at a
healthy position, training and equipping — about 2,200 men. I have
also two more regiments in reserve near this city for the same pur-
pose, and four on the islands in and near the harbor. Two of those
on the islands and the two near the city I propose to move back on
the railroads after a few days into more healthy locations — at Flor-
ence, on the North Carolina side, and at Aiken, on the Georgia side —
and there to form a camp, ready to await any orders you may send.
These have all been ordered at the special requisitioiT of General
Beauregard and shall not be moved without his express sanction. It
strikes me, as I have them out now, the best thing is to train them to
camp and field duty at once and equip them. This is the reason I
propose to encamp them for a few weeks longer. I hope in these
arrangements I have your approbation, as I desire to do nothing but
what is acceptable to the Confederate Government. Not being at all
informed as to what are the plans of the campaign or what are the
general outlines of civil policy to be pursued, I am endeavoring to
uphold and advance what I suppose to be the general interests and
policy of the Confederate States; but you will be so good as to make
any suggestions you think proper to make, after consulting the Presi-
dent, and it will afford me great pleasure to follow whatever line of
policy you may have adopted. I am not particularly informed as to
the course of Virginia and North Carolina, and do not know whether

240 CORRESPONDENCE, ETC.

I am to consider them as certain to be annexed to the Confederate
States or not, or whether they expect to act permanently with the
other Border States. I regret to trouble you at such length, but find
it necessary, as I desire to act understandingly in matters of the
utmost importance to our common country.
Very respectfully, yours,

F. W. PICKENS.

Richmond, Fredericksbukg and Potomac R. R. Co.,

President's Office,
Richmond, Va., April 26, 1861.
Major-General Lee:

Sir: Having had some eight years' experience in the management
of railroads, and having recently some acquaintance with their use
for State defense, and reflected upon it, I beg leave respectfully to
submit to you the inclosed suggestions, which may have, to some
degree, been overlooked by others less familiar with the subject or
more preoccupied with other public duties. I would further suggest
that a printed circular letter embodying these suggestions, emanating
from you or the Governor, and addressed privately to the presidents
and superintendents of our railroads, might be the most useful mode
of giving them effect. Should they contribute in any degree to the
safety and honor of the Commonwealth I shall be much gratified. To
the seventh and last paragraph permit me to ask your special atten-
tion. At this time there are engines and trains run on this road by
the military authorities between Fredericksburg and the Potomac
River with very unnecessary frequency, wearing out our engines
(which should, especially now, when others cannot be procured, be
carefully husbanded), and preventing the carriage by the usual trains
of the wood which is necessary for the engines, and which is rapidly
being consumed, where it is most necessary to keep a supply. But
far more than all these considerations, the hourly danger of collis-
ions and a consequent disabling of the engines and road requires the
cessation of this practice, which no doubt is continued from the want
of appreciation of its evil consequences only.

I remain, with great respect, your obedient servant,

P. V. DANIEL, Jr.,
President JRichmond, Fredericksburg and Potomac B. E. Co.

[Indosnro.]

To make the railroads of this State most effective aids in the pub-
lic defense, and to prevent their being equally effective means of
invasion and attack to its enemies, the following precautions are
necessary:

First. Every engine and car, whether for freight or passengers, not
absolutely needed for immediate use, should be at once removed from
any terminus or other point on each railroad which by any possibility
may be suddenly invaded by the enemy to some other point or points
on the road where they will be secure from capture and most available
to the State.

Second. At every such point there should be kept a locomotive
engine always, night and day, fired up, and with a full supply of
wood and water, and an engineer and fireman ready at a minute's
warning to run over the road and give warning of the enemy's
approach. Should this engine be compelled to leave its station at any

CONFEDERATE AUTHORITIES. 241

to take her place. For tlie same purposes the road should be fully
supplied with light pole-cars at short and convenient distances along
its length. These are lighter and more easily operated than hand-
cars, which are also useful. Tar barrels or other materials for beacon
fires might also be advantageously placed at convenient stations on
the road, to give warning to the neighborhoods, to be fired only by
the subaltern officers of the Army or of the railroad when ordered.

Third. Every bridge and important culvert on the road should be
guarded day and night by at least two well-armed watchmen, to pro-
tect them from being fired or blown up or otherwise injured by emis-
saries of the enemy. These watchmen should also be furnished with
means of obstructing or breaking up the track at a short distance
from their bridge or culvert when they have received orders to do so
through the alarm engine or pole-car, so as to give them time, after
the enemy is certainly and actually near at hand, to destroy or weaken,
by burning, blowing up, or sawing timbers, their bridge or culvert,
under orders of their superior railroad officer or of the military com-
mander for the district. But without such order no injury should in
any event be done, or permitted to be done, by such watchmen to any
such bridge or culvert. Any disregard of this last regulation might be
most disastrous to the State and should be severely punished. There
is great danger of such disaster from the violence of excited or panic-
stricken persons or bodies of men, and a strong guard may be needed
to prevent it.

Fourth. Engineers and machinists should be instructed on the cer-
tain, but only on the certain, and near approach of an overpowering
force of the enemy to remove and carry away or effectually conceal the
main connecting rods of their engines, whether on the road or in any
engine-house or workshop, thus thoroughly and to the enemy irrep-
arably disabling, without permanently injuring, the engines.

Fifth. All burden, box, or house cars should at once have cleats
of wood, fastened at suitable heights and distances to their inner
sides, with strong planks, cut to the exact inner width of the car, to
place on them as seats for troops, when more are to be transported
than can be carried in the passenger-cars. When not used for this
purpose these planks should be laid flat on the floor of the car, so as
at once to be in place when needed, and when not needed to leave it
free to be used for freight.

Sixth. Every railroad company should at once strengthen all its
open flat-cars, and, as far as it can conveniently do so, build others
of the strongest practicable pattern and material, for the transporta-
tion of heavy ordnance. • ■*

Seventh. Safety to lives and the protection both of trains and roads
from destruction by collisions make it imperatively necessary that all
trains should be regulated in their speed and movements by no one
except the conductors or engineers of such trains, in accordance with
the regulations and time-tables of the company. Disregard of this
regulation will inevitably result in collisions, with all their conse-
quent injuries to persons, to the road, and to the State, and obstruc-
tion and privation of the use of the road and machinery for an
indefinite period of time. It cannot be too rigorously observed and
enforced.

[Indorsezneiit.]

The within suggestions to be embodied in circular to president of
every railroad.

R. E. L.
16 R K — SERIES IV, VOL I

242 COEEESPONDENCE, ETC.

Richmond, Va., April 25, 1861.
Hon. Robert Toombs,

Secretary of State, Montgomery, Ala.:

After recei\'ing your letter of instruction, with other papers relating
to my mission to the Commonwealth of Virginia, on the 18th [19th]
instant,* I left Montgomery forthwith and proceeded without delay
to this place, where I arrived Monday, the 22d instant. I presented
myself, with letter of credence, to Hon. John Letcher, Governor of the
Commonwealth, who communicated the same immediately to the State
convention, then in session. That body on the same day passed a
resolution, a copy of which is herewith sent, inviting me to meet them
in session at such time as would suit my convenience. The hour
designated was 1 o'clock the next day, Tuesday, the 2.3d instant. At
the appointed time I met the convention in secret session with the
Governor, Executive Council, Major-General Lee (the commander-in-
chief of the State forces), and some other invited persons present. To
the convention I urged the great importance of an immediate union
of the Commonwealth with the Confederate States under our Consti-
tution for Provisional Government, with a view to a permanent union
under our pennanent Constitution. I also urged strong reasons for
an immediate conventional agreement between the two governments
before such union could take place, particularly in relation to the
military forces and military operations.

By another resolution, a copy of which is herewith sent, the con-
vention appointed a committee of five of its own members, headed by
ex-President John IVler, to confer with me upon the subject.

After conference and full explanation on my part of our Constitu-
tion for Provisional Government the committee determined to report
to their body an ordinance adopting that Constitution, which was
subsequently passed, a copy of which will also be found accompany-
ing this dispatch. In further conference with the committee a con-
vention between the Commonwealth and Confederate States, temporary
in its character, and to have effect in the interval between the time of
its ratification and the contemplated union of said Commonwealth
with our Confederacy, was agreed upon and signed by us. This was
done on the 24th instant. By its terms it is to be ratified by both
governments before it is to take effect. The ratification on the part
of the Government here has just taken place, and I now hav& the
honor of inclosing the convention so agreed upon, with the resolution
of ratification, with this dispatch. Of the importance of this arrange-
ment at this particular juncture of our public affairs I need not now
speak nor of the embarrassments and difficulties in getting it effected.

Hoping, however, that what has been done will meet the approval
of the President and Congress, I submit the whole without further
comment or remark.

Yours, most respectfully,

ALEXANDER H. STEPHENS.

[iDClosiire No. 1.]

Resolved, That a committee of three be appointed to wait upon
the Hon. A. H. Stephens, commissioner from the Government of the

* See Series I, Vol. LI, Part II, p. 18.

CONFEDERATE AUTHORITIES. 243

Confederate States, and invite him to communicate in person with this
body at such time as may best suit his convenience.
Adopted by the convention of Virginia April 22, 1861.

JOHN CRANE, Jr.,

Assistant Secretary.

Committee: John Goode, jr., Jeremiah Morton, John T. Thornton.

[Inolosare Ko. 2.]

Resolved, That a committee of five be appointed to confer with the
Hon. Alexander H. Stephens, commissioner from the Confederate
States, and to arrange with him the terms of a union or alliance
between this State and the said Confederate States, subject to the
ratification or rejection of this convention.
Adopted by the convention of Virginia April 23, 1861.

JNO. L. EUBANK,

Secretary of Convention.

Committee : Messrs. Tyler, Preston, Moore, Holcombe, Bruce, Harvie.

[Incloaure No. 3.]

AN ORDINANCE for the adoption of the Constitution of the Provisional Gov-
ernment of the Confederate States of America.

We, the delegates of the people of Virginia, in convention assem-
bled, solemnly impressed by the perils which surround the Common-
wealth, and appealing to the Searcher of Hearts for the rectitude of
our intentions in assuming the grave responsibility of this act, do, by
this ordinance, adopt and ratify the Constitution of the Provisional
Government of the Confederate States of America, ordained and
established at Montgomery, Ala., on the 8th day of February, 1861:
Provided, That this ordinance shall cease to have any legal operation
or effect if the people of this Commonwealth, upon the vote directed
to be taken on the ordinance of secession passed by this convention
on the 17th day of April, 1861, shall reject the same.

[IncloBure No. 4.]

CONVENTION between the Commonwealth of Virginia and the Confederate

States of America.

The Commonwealth of Virginia, looking to a speedy union of said
Commonwealth and the other slave States with the Confederate States
of America according to the provisions of the Constitution for the
Provisional Government of said States, enters into the following tem-
porary convention and agreement with said States for the purpose of
meeting pressing exigencies affecting the common rights, interests,
and safety of said Commonwealth and said Confederacy :

First. Until the union of said Commonwealth with said Confederacy
shall be perfected and said Commonwealth shall become a member of
said Confederacy according to the constitutions of both powers, the
whole military force and military operations, offensive and defensive,
of said Commonwealth in the impending conflict with the United
States shall be under the chief control and direction of the President
of said Confederate States, upon the same principles, basis, and foot-
ing as if said Commonwealth were now and during the interval a
member of said Confederacy.

244 CORRESPONDENCE, ETC.

Second. The Commonwealth of Virginia will, after the consumma-
tion of the union contemplated in this connection and her adoption of
the Constitution for a permanent Government of said Confederate
States and she shall become a member of said Confederacy under said
permanent Constitution, if the same occur, turn over to said Confed-
erate States all the public property, naval stores, and munitions of
war, &c., she may then be in possession of, acquired from the United
States, on the same terms and in like manner as the other States of
said Confederacy have done in like cases.

Third. Whatever expenditures of money, if any, said Common-
wealth of Virginia shall make before the union under the Provisional
Government as above contemplated shall be consummated, shall be
met and provided for by said Confederate States.

This convention, entered into and agreed to in the city of Richmond,
Va., on the 24th day of April, 1861, by Alexander H. Stephens, the
duly authorized commissioner to act in the matter for the said Con-
federate States, and John Tyler, William Ballard Preston, Samuel
McD. Moore, James P. Holcombe, James C. Bruce, and Lewis E. Har-
vie, parties duly authorized to act in like manner for said Common-
wealth of Virginia — the whole subject to the approval and ratification
of the proper authorities of both governments, respectively.

In testimony whereof the parties aforesaid have hereunto set their
hands and seals the day and year aforesaid and at the place aforesaid
in duplicate originals.

ALEXANDER H. STEPHENS,
Commissioner for Confederate States.

JOHN TYLER.

WM. BALLARD PRESTON.

S. McD. MOORE.

JAMES P. HOLCOMBE.

JAMES C. BRUCE.

LEWIS E. HARVIE.

[Inclosure No. 5.]

Be it ordained hy this convention, That the convention entered
into on the 24th of April, 1861, between Alexander H. Stephens, com-
missioner of the Confederate States, and John Tyler, William Ballard
Preston, S. McD. Moore, James P. Holcombe, James C. Bruce, and
Lewis E. Harvie, commissioners of Virginia, for a temporary union of
Virginia with said Confederate States, under th^ Provisional Gov-
ernment adopted by said Confederate States, be, and the same is
hereby, ratified and confirmed on the terms agreed upon by said
commissioners.

Adopted by the convention of Virginia April 25, 1861.

JOHN JANNEY,

President.

JNO. L. EUBANK,

Secretary.

[April, 25-July 17, 1861. — For correspondence between the Secre-
tary of War and the Governor of Louisiana, with reference to
forwarding troops to Richmond, see Series I, Vol. LI, Part II, pp. 33,
128, 153, 174.]

CONFEDERATE AUTHORITIES. 245

[April 26, 1861. — For Walker to Moore, making requisition for
one regiment from Alabama, for service at Pensacola, Fla., see Series
I, Vol. LII, Part II, p. 71.]

A Proclamation by Joseph E. Brown, Governor of Georgia.

Whereas,, by the oppressive and wicked conduct of the Government
and people of that part of the late United States of America known
as the anti-slavery States, war actually exists between them and the
people of the Southern States; and

Whereas, the President of the United States has issued his procla-
mation declaring his determination to blockade the ports of the
Southern States and is now collecting Federal troops upon Southern
soil for the purpose of subjugating and enslaving us; and

Whereas, property belonging to citizens of the State of Georgia,
whenever found within the anti-slavery States, is seized and forcibly
taken from its owners; and

Whereas, all contracts made with the enemy during the existence of
hostilities are, by the law of nations, illegal and void, and all remedies
for the enforcement of contracts in our courts between citizens of
this State and citizens of the States now making war upon us, which
were made prior to the commencement of hostilities, are suspended
till the termination of the war; and

Whereas, in the language of the law of nations, "the purchase of
bills on the enemy's coimtry, or the remission and deposit of funds
there, is a dangerous and illegal act, because it may be cherishing the
resources and relieving the wants of the enemy; and the remission of
ftinds in money or bills to subjects of the enemy is unlawf iil ;" and

Whereas, sound policy, as well as international law, absolutely for-
bids that any citizen of this State shall, under any pretext whatever,
assist the enemy by remitting, paying, or furnishing any money or
other thing of value, during the continuance of hostilities, to the
Government or people of the States which have waged and are main-
taining a most unnatural and wicked war against us; and

Whereas, justice requires that all sums due from citizens of this
State to individuals in such hostile States who do not uphold and sus-
tain the savage and cruel warfare inaugurated by their Government
should be promptly paid so soon as hostilities have ceased and the
independence of the Confederate States is recognized by the Govern-
ment of the United States :

Therefore, in view of these considerations, I, Joseph E. Brown,
Governor and commander-in-chief of the army and navy of the State
of Georgia, do issue this my proclamation, commanding and enjoin-
ing upon each citizen or inhabitant of this State that he abstain
absolutely from all violations of the law above recited, and that he
do not, under any pretext whatever, remit, transfer, or i)ay to the
Government of the United States, or any one of the States composing
said Government which is known as a free-soil State, including among
others the States of Massachusetts, Rhode Island, Connecticut, New
York, New Jersey, Pennsylvania, and Ohio, or to any citizen or
inhabitant of any such State, any money, bills, drafts, or other things
of value, either in payment of any debt due or hereafter to become
due, of, for, or on account of any other cause whatever, until the ter-
mination of hostilities.

246 COREESPONDENCE, ETC.

And I hereby invite each citizen or inhabitant of this State who is
indebted to said Government, or either of said States, or any citizen
or inhabitant thereof, to pay the amount of such indebtedness, when-
ever due, into the treasury of Georgia, in any funds bankable in
Augusta or Savannah, or to deposit the same, subject to the order of
the treasurer of this State, in any one of the solvent banks of either
of said cities, or in any legally authorized agency of either of said
banks; and upon the making of any such deposit at the treasury, or
upon presentation of any such certificate of deposit, the treasurer of
this State is hereby directed and required to deliver to such person a
certificate specifying the sum so deposited; which I hereby declare
the faith and credit of this State will be pledged to repay to such
depositor, in funds bankable in Augusta and Savannah, with 7 per
cent, interest from the date of the deposit, so soon as hostilities shall
have ceased and it shall again be lawful for debtors to pay the same
to creditors in the hostile States above mentioned. This will not only
afford to such of our citizens as owe money to Northern creditors,
which international law and public policy forbid them at present to
pay, a safe investment and the highest security for its return to them
at the end of the war, but it will enable them, in the meantime, to
perform a patriotic duty, and to assist the State, and through her the
Confederate States, in raising the funds necessary to the successful
defense of our homes, our firesides, and our altars.

And I do further command and strictly enjoin upon all and every
chartered bank in this Stat«, which may be in possession of any note,
bill, draft, or other paper binding any citizen of this State to pay
money to any one of said hostile States, or any inhabitant or corpora-
tion thereof, or belongiog to anj' such State or person, to abstain from
protesting any such draft, bill, note, or other paper: Provided, The
person liable on such bill, draft, note, or other paper will exhibit to
such bank, or any of its agencies having such paper in possession, a
certificate showing that he has deposited the amount due on such
paper in the treasury of this State, or in any one of the banks above
mentioned to the credit of the treasury, or will at the time such
paper becomes due make such deposit. And I further command and
require all notaries public in this State to abstain absolutely from the
performance of any official act for the protest of any paper of the
character above mentioned under such circumstances as are herein-
before specified.

Given under my hand and the great seal of this State at the cap-
itol, in MiUedgeville, this 26th day of April, in the year of our Lord
18G1, and of the Independence of the Confederate'States of America
the first.

JOSEPH E. BROWN.

By the Governor:

E. P. WATKINS,

Secretary of State.

[April 26, 1861. — For Walker to Jackson, calling for one regiment
from Missouri, see Series I, Vol. I, p. 689. ]

[April 26, 1861. — For Walker to Letcher, in relation to the organi-
zation, distribution, <fcc., of the military force of Virginia, see Series I,
Vol. II, p. 783.]

confederate authorities. 247

War Department,
The President: ^i'^''^ ^^' ^*^-^-

Sir: In compliance with your direction I have the honor to submit
to you the following report: The Department of War was created by
an act approved on the 21st of February last. The condition of the
country demanded that not only an organization of the Department
proper should be made as speedily as possible, but that preparation
should be made at the same time, in view of the contingency of imme-
diate hostilities, for organizing the forces provided by law and of so
disposing them that they might act with promptness and efficiency at
whatever points the exigencies of the Confederacy might require.
This has been necessarily a task of great labor, and, within the period
allowed me, one of almost insuperable difficulties.

In the report of the Adjutant and Inspector General (April 25),
which accompanies this, marked A, will be found full information
concerning the forces, regular, volunteer, and provisional, raised and
called for under the authorities of the several acts of Congress,
together with details relating to their organization and distribution.
I refer you especially to that report, and commend to your consider-
ation and approval the suggestions made to render the service more
efficient by increasing both the number of regiments in the Regular
Army and the number of officers in the different staff corps now
authorized by law. It will be seen that, in addition to the regular
troops and the provisional forces of South Carolina, 60,000 volunteers
have been conditionally called for under your requisitions of March
and April; and that because of new emergencies arising since the 16th
of April, an additional force of 15,000 has been asked for. Under
these calls 20,000 men have been placed under the control of the Con-
federate Government, and are now in position on our sea-board,
while 1 6,000 and more have been accepted and are being forwarded to
their destination. It is more than probable that existing circum-
stances will require that all of these conditional demands of the Gov-
ernment upon the States shall be made absolute, and our immense
frontier lines, north, south, and west, either now existing or soon to
be acquired, without regard to other considerations scarcely less
exacting, demand the increase asked for in the Regular Army.

The Quartermaster-General's Department has been placed in charge
of Lieut. Col. A. C. Myers, as Acting Quartermaster-General, and that
officer has prepared under my instructions the estimates pertaining to
his department, including the pay of officers and soldiers for a force
in the field of 100,000 men for nine months and twentyfive days, to
complete the fiscal year terminating the 18th day of February, 1862.
The estimates of appropriations for the Commissarj'-General's Depart-
ment, under charge of Lieut. Col. L. B. Northrop, for the subsistence
of the same forces, are made for the same period. These estimates
call for large appropriations, but I am convinced that they cannot be
reduced with any proper regard for efficient operations. The reports
of the Quartermaster-General and the Commissary-General, respec-
tively, marked B and C,* will furnish the details on which these esti-
mates are based. No reports having been yet received from the
disbursing officers in the Quartermaster's Department, it is impossible
to give any statement of the expenditures under the several appro-
priations made by Congress for that branch of tlie public service.

*None of the inclosures to this report are found, except the report of the
Adjutant and Inspector General and the estimate of the Acting Quartermaster-
General, marked, respectively, A and B.

248

The medical department of the Regular Army has not yet been organ-
ized, chiefly from the fact that up to this time only a small proportion
of its officers have been appointed for the service of the provisional
and volunteer forces now in the field. The discretion allowed me by
Congress of making temporary acting appointments of assistant sur-
geons has been exercised. I would respectfully suggest that the
interests of the service require the increase of the medical staff of the
Army suggested in the report of the Adjutant and Inspector General.
The Bureau of Ordnance, attached to the Corps of Artilleiy, has been
placed under the direction of Maj. J. Grorgas, as acting chief. The
estimates for this branch of the service for the remainder of the fiscal
5'ear are embodied in his report, marked D,* and herewith submitted.

The report of the Engineer Bureau, marked E,* also under charge of
Maj. J. Gorgas, furnishes the estimates which will be required for the
service of that department. A statement, marked F,* of the several
appropriations made by Congress for the support of the Regular Army,
and the purchase of ordnance and ordnance stores for the support of
the volunteer forces called into service under the act "to provide for
the public defense, for the support of 5,000 men for twelve months at
Charleston, and for the support of the War Department proper,"
together with the expenditures, is herewith transmitted.

The Bureau of Indian Affairs, attached to the War Department,
has been organized and placed under the direction of the Hon. David
Hubbard, as Commissioner. So far this Bureau has found but little
to do. The necessity for the extension of the military arm of the
Government toward the frontier, and the attitude of Arkansas, with-
out the Confederacy, have contributed to circumscribe its action.
But this branch of the public service doubtless will now grow in impor-
tance in consequence of the early probable accession of Arkansas to
the Confederacy ; of the friendly sentiments of the Creeks, Cherokees,
Choctaws, and Chickasaws, and other tribes west of Arkansas toward
this Government; of our difiiculties with the tribes on the Texas
frontier; of our hostilities with the United States, and of our prob-
able future relations with the Territories of Arizona and New Mexico.

The estimates presented have been made for the continuous support
of a force in the field of 100,000 men during the current year, this num-
ber being the smallest that prudence would dictate to be maintained
in view of actual hostilities. The accession of Virginia to the Confed-
ei-ate States, the present earnest co-operation of the remaining border
slave-holding States with our cause and their probable early adhesion
to our Government, together with the power and resources the common
enemy are bringing to bear against the whole, rentier this amount of
force, in my judgment, imperative. Preparation on a smaller scale
would but contribute to protract the war. Vigorous measures alone
will deter the foe and assure the defense of the country.

In place of the present organization of the clerical force of this
Department I would respectfuUj'^ suggest that in the appropriations
for that purpose made by Congress the sum of $25,000 be placed at
the disposal of the Secretary of War, to be applied by him for salaries
in such manner as to secure the best services ; to this might be added
a proviso that any additional clerks employed under exigencies of
public service shall not receive a greater annual compensation than
$1,000 each. This change, without materially increasing the expenses

*None of the inclosures to this report are found, except the report of the
Adjutant and Inspector General and the estimate of the Acting Quartermaster-
General, marked, respectively, A and B.

CONFEDERATE AUTHORITIES. 249

of the Department, will greatly promote its efficiency by enabling the
Secretary to graduate the salaries according to merit. Under the
resolutions of Congress approved March 15, recommending to the sev-
eral States "to cede to the Confederate States the forts, arsenals,
navy-yards, dock-yards, and other public establishments within their
respective limits," such cessions have already been made and the
establishments specified have been formally transferred to this Gov-
ernment by each of the States.

Some difiQculty has grown out of the construction and practical
application of the laws under which the forces shown by the report of
the Adjutant-General were brought into service. By the act " to raise
provisional forces " the President was authorized to receive into the
Confederate service such troops as were in the service of the several
States "at the date of the passage of the act," and these troops were
to be supported out of the appropriation for the maintenance of the
Regular Armj'. As there were but few troops in the several States
regularly organized at the date of the passage of the act, a rigid con-
struction of its terms would have defeated its spirit and object. After
due reflection I determined to receive those "companies, battalions,
and regiments " whose organizations were inchoate at the date of the
act. This resort to the spirit of the act rather than to its strict letter
did not, however, suf&ce to enable this Department to meet the
exigencies for troops. It became necessary to recur to the act "to
provide for the public defense," and to exercise the discretionary
power lodged in the President by that act for the raising of volunteer
forces to be supported out of another appropriation than that for the
Regular Army. Thus, two classes of troops, differently enlisted,
organized, and supported, came to be merged into the public service.

The Attorney-General advised that a "calculation as nearly exact
as possible" be made of the relative proportions of these two classes
of troops composing the Provisional Army, in order to apportion the
cost of each kind between the appropriations in the acts cited. I have
concluded that the number of those entitled strictly to be classified
under the first act is too inconsiderable to justify the Department at
this important juncture in consuming time to arrive at what after all
would be but a bare approximation. The irregularity is purely tech-
nical; cannot work pecuniary loss to the Government; was the result
of necessity, and can be readily cured by legislation.

An arrangement should be devised to obviate the difficulty and
embarrassment which will result to the service in respect to the rela-
tive rank of general officers. The highest rank authorized by law in
the Army of the Confederate States and in the Provisional Army is
that of brigadier-general, while in the army of the several States the
highest military rank is major-general. The result of this state of
facts wiU be, that whenever a combination of State and Federal troops
occurs in sufficient numbers to justify the employment of general
officers, the major-general of State troops must take command of the
whole and give the orders needful to the service to the prejudice of
the brigadier-general of regular or provisional forces, notwithstanding
the latter may have been selected for his peculiar fitness for the com-
mand, and been appointed by the President, by and with the advice
and consent of Congress, as required by law. To obviate this diffi-
culty and embarrassment it is suggested that the grade of brigadier-
general in the Confederate as well as in the Provisional Army be con-
verted into that of general, in which ease they will have precedence
of all other general officers.

250 CORRESPOKDENCE, ETC.

In addition to the suggestions made in the report of the Adjutant-
General concerning the organization of the staff corps, to which I
have already called attention, I would respectfully recommend a
division of the duties of the Quartermaster's Department, and a
recurrence to the system of the United States, with which our officers
are familiarized, by the establishment of a regular pay department,
with its own force. Either this change or a considerable increase in
the quartermaster's staff is indispensable. While the difference in
expense to the Government would be inconsiderable, in my opinion
greater efficiency in the service would be promoted through an inde-
pendent pay department.

I would fail in mj' duty if I did not earnestly recommend that an
appropriation be made for the establishment of powder mills and for
the purchase of the materials of which gunpowder is composed. This
has become the more necessary in consequence of the closing of the
channels through which we have been heretofore supplied. This sub-
ject is of such obvious and paramount importance that I deem it
sufficient merely to mention it.

The appropriation of $25,000 by the act of the Congress approved
March 15, 1861, for incidental and contingent expenses of this Depart-
ment, is, in the present condition of the country, wholly inadequate.
One or two items, properly coming under the head of "incidental and
contingent expenses," will absorb this appropriation, whilst there are
other contingencies daily occurring connected with the military serv-
ice for which provision should be made.

The operations for the general defense have been carried on chiefly
along the extended line of our coast. The principal points at which
these operations have been important are the harbor of Charleston,
the harbor of Pensacola, the defenses at and near the mouths of the
Mississippi River, including an examination of the Atchafalaya, the
harbor of Mobile, the defenses of the Savannah River, the Upper Mis-
sissippi River, in connection with the defenses at Memphis, Helena,
and other points in friendly slave-holding States not yet members of
this Confederacy, at Apalachicola, together with an examination into
the military necessities of Galveston and the coast of Texas.

The command of the harbor at Charleston was devolved some
weeks ago upon Brig. Gen. G. T. Beauregard, of the Provisional Army
of the Confederate States. The extensive military preparations there
commenced and very greatly advanced under the authority of the
State of South Carolina were completed under the direction of this
experienced officer. They were crowned on the 14th day of the pres-
ent month witli success in the surrender of Fort Sumter, after a bom-
bardment of thirty-four hours, which, in all its circumstances, was
most gratifying to the country, and reflected the highest credit on our
arms. I beg especially to commend the gallantry, discretion, and
judgment displayed by General Beauregard in a position of great
delicacy and responsibility, and to express the appreciation enter-
tained by this Department of the excellent conduct of the officers and
men of his command.

In this connection it is proper to mention that the State of South
Carolina insisted on defraying all the expenses of the operations in
the harbor of Charleston. This noble conduct shows her to be worthy
of her ancient renown and commands our highest admiration. The
expenses she has thus defrayed in the defense of her principal har-
bor and in the reduction of her principal fortress, having been
incurred for the common defense, constitute justly a debt against the

CONFEDERATE AUTHORITIES. 251

Confederate Govei-nment, which may now be refunded without offend-
ing her pride. The correspondence herewith submitted, marked G,*
discloses the bad faith of the Government at Washington and reveals
the circumstances under whicli the instant reduction of Fort Sumter
was rendered imperative. Next in importance to Fort Sumter the
attention of the Government has been claimed by Fort Pickens. The
command of the harbor of Pensacola was assigned at an early day to
Brig. Gen. Braxton Bragg, who is still in charge of the operations
against Fort Pickens. That skillful officer has been strengthening
his works and augmenting his ability for the reduction of this for-
midable stronghold, which was powerfully re-enforced by the Govern-
ment at Washington in violation of the agreement between its
authorities and those of the government of Florida, and renewed
between General Bragg, in behalf of the Confederate States, and the
U. S. officer in command at the post, as well as the officer in command
of the U. S. fleet, as will appear from the correspondence hereto
appended, marked H.f

The defenses of the mouths of the Mississippi have received that
attention their importance demanded. The armaments of Forts Jack-
son and Saint Philip have been strengthened, and they have also been
garrisoned by a force which is believed to be sufficient for the protec-
tion of the city of New Orleans. Fort Morgan, in Mobile Harbor, has
been placed in an efficient condition. It is fully manned and possesses
an ample armament. The command of Colonel Hardee, in charge of
the fort, has been extended to Grant's Pass, and the supervision of all
other approaches to the harbor of Mobile. The cutter Morgan, belong-
ing to the Government, has been placed at his disposal, and he has
been instructed to erect batteries at such points as he may deem nec-
essary for perfect defense and security. Fort Pulaski, at the mouth of
the Savannah River, has been quite recently transferred to this Gov-
ernment by the State of Georgia, but it now has an effective armament
and is fully gaiTisoned, and is in command of Brig. Gen. A. R. Lawton,
of the provisional forces. Certain points on the Mississippi River in
the States of Tennessee and Arkansas, although without the limits of
the Confederacy, have assumed no little importance in connection with
current events. Among these are Memphis and Helena, at each of
which it is believed that batteries can be erected that would effectually
command the river. These places being within the territory of States
entirely friendly to this Government, the Department had no hesita-
tion in detailing an officer to make examinations, with the view of
erecting such works as might be judged expedient to prevent a descent
of the Mississippi by an invading force from the North. Texas has
exercised the solicitude of this Department to no inconsiderable extent.
Constant importunities have been received from the Governor and
otlier prominent citizens of that State, urging upon this Government
tlie care of the line of the Rio Grande, the coast line embracing the
harbor of Galveston and her immense extent of Indian frontier. With
a sincere wish to afford the desired protection. Lieutenant Sayre, of
the Confederate Navy, was dispatched to Texas in March last to mus-
ter into service a regiment of mounted riflemen, under command of
Col. Henry E. McCulloch, and since then an additional regiment of
cavalry has been authorized. Both of these regiments will be assigned
to duty along the Indian frontier. A regiment of infantry will occupy

*Not/ound, but probably embraced in the "Correspondence, &c.,'' Series I,
Vol. I.pp.2i52-317.
f Not found, but see " Operations in Florida," Series I, Vol. I, pp. 331-473.

252 CORRESPONDENCE, ETC.

the line of the Rio Grande. While these movements are progressing
other measures of protection against hostile demonstrations are being
forwarded, among which the harbor of Galveston has claimed atten-
tion. I have found it necessary to appoint agents to take charge of
such stores, munitions, and other property taken from the U. S.
authorities recently in Texas by the State itself as «he might think
proper to transfer to this Government.

The importance of the question of the defenses of Texas is greatly
enhanced by their connection with the future probable annexation of
New Mexico and Arizona to this Confederacy. Recent events render
it manifest that the most friendly disposition in those Territories
exists toward this Government. A vigorous protection of the frontier
of Texas bordering upon them must contribute to strengthen their
confidence in our ability to maintain our own independence and to
secure the permanent safety of all who shall adopt our flag.

I cannot more appropriately conclude this report than by urging
upon Congress the passage of a law empowering this Department to
appoint chaplains for the service. Military experience demonstrates
the importance of religious habitudes to the morality, good order,
and general discipline of an army in the camp or in the field. If we
expect God to bless us in our struggle in defense of our rights — to
terminate, in all probability, only after a protracted and bloody war —
we must recognize Him in our actions.

All which is respectfully submitted.

L. P. WALKER,
Secretary of War.
A.

Adjutant and Inspector General's Office,

Montgomery, April 25, 1861.
Hon. L. P. Walker,

Secretary of War, Montgomery, Ala.:

Sir: In compliance with your instructions I have the honor to sub-
mit the following report : The organization of the Armj'' has pro-
gressed as far as the number of oflScers appointed would justify.
The several staff departments have been arranged to some extent,
but there are still in those several vacancies yet to be filled. Nearly
one-third of the officers of artillery have been appointed out of 172
authorized by law. The officers for two of the six regiments of
infantry authorized have been appointed and organized into two regi-
ments, but as yet only eight officers have been appointed for the sin-
gle regiment of cavalry. The recruiting service has1)een commenced
in various sections of the country, and speedy and favorable results
are anticipated ; but the want of a regularly organized force for the
permanent army has not been so much felt on account of the ready
response to the call made on the several States for volunteers. On
the 9th of March a requisition was made on the States of Georgia,
Florida, Alabama, Mississippi, and Louisiana for 8,000 volunteers.
South Carolina, at that time having upward of 5,000 of her own troops
in the State service in Charleston Harbor, was not called upon for
her quota.

This requisition was soon filled and the troops put in position.
Again, on the 8th of April a requisition was made for 20,000 volun-
teers from the several States, to be held in readiness for service.
This requisition has also been filled promptly. And, finally, a fur-
ther requisition, on the 16th of the same month, for 34,000 volunteers,

CONFEDERATE AUTHORITIES. 253

making in all upward of 62,000 troops, independently of the 5,000
South Carolina State troops in the harbor of Charleston, above
referred to. Of this whole number more than 25,000, including those
in Charleston Harbor, are in position on our southern sea-board and
the frontier of Texas, leaving the remainder for operations elsewhere.
Since the 16th of April further calls have been made for 15,000 addi-
tional volunteers, and they are now being sent forward to their des-
tination. As a copy of the correspondence of the commanding
general in Charleston accompanies this report, I would respectfully
refer you to it for a detail of the military operations in the harbor. *

The several permanent fortifications which guard the approaches
to the harbors on the southern coast are in a state of defense, and
are occupied by garrisons for a state of war, the largest portion of
this force being distributed at several points in the harbor of Pensa-
cola, including the permanent works of Fort McRee and Barrancas.
This force consists of over 8,000 men. I would respectfully invite
your attention to the following remarks in respect to the present
organization of the Army. Under existing laws the military estab-
lishment consists of the following staff departments, corps, and regi-
ments, viz:

Adjutant- GeneraPs Department. — Two lieutenant-colonels, two
majors, and four «aptains.

Quartermaster- General's Department. — One colonel, one lieutenant-
colonel, and four majors.

Commissary -General''s Department. — One colonel, one lieutenant-
colonel, one major, and three captains.

Medical Department. — One surgeon-general, four surgeons, and six
assistant surgeons.

Corps of Engineers. — One colonel, four majors, and five captains.

Corps Artillery and Ordnance. — One colonel, one lieutenant-
colonel, ten majors, forty captains, eighty first lieutenants, forty sec-
ond lieutenants for forty companies, one regiment of cavalry, and
six regiments of infantry.

This force can scarcely be deemed sufficient for a state of war, in
which we are about to engage, and for the protection of our Indian
and other frontiers, when it is recollected that the permanent peace
establishment of the United States is not less than 18,000 troops, com-
posed of not less than nineteen regiments, with a complete staff on a
war footing. I would therefore suggest, as an approximation to a
proper organization at this time, that the present authorized force of
the Regular Army of the Confederate States be increased by one regi-
ment of cavalry and two regiments of infantry as at present organ-
ized, and that there be added to the Adjutant-General's Department
two captains, to tlie Quartermaster's Department two majors and six
captains, to the Commissary-General's Department three captains,
to the Medical Department six surgeons and fourteen assistant sur-
geons (the Medical Department of the U. S. Army consists of thirty
surgeons and eighty-four assistant surgeons), to the Corps of Engi-
neers five captains, to the Corps of Artillery one lieutenant-colonel,
two majors, and as many military store-keepers, with the pay and
allowance of captain of infantry, as the service may require, not to
exceed six, and an ordnance-sergeant for each military post.

I have the honor to be, very respectfully, your obedient servant,

S. COOPER,
Adjutant and Inspector General.

* See Series I, Vol. I.

254 COKEESPONDEHCE, ETC.

April 27, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: I have the honor to submit a statement of the amount that
will be required for disbursement by the Quartermaster's and Pay
Departments for the support of the Regular Army of the Confederate
States of America, and for the pay, subsistence, and transportation
of volunteer forces, &c. , now in service ; also for the 100 regiments
estimated for a few days since, viz : For the Regular Army and volun-
teer forces now in service to July 1, 1861, $920,000; for 100 regiments
per estimate to same date, $5,567,729; total, $6,487,729. For the
Regular Army and volunteer forces now in service to October, 1861,
$2,700,614; for 100 regiments per estimate to same date, $8,361,593.50;
total, $11,062,207.50. Total [to October], $17,549,936.50. For the
Regular Army and volunteer forces now in service to January, 1862,
$2,810,614; for 100 regiments per estimate to same date, $8,361,593.50;
total, $11,172,207.50. Total to January 1, 1862, $28,722,144.
I have the honor to be, sir, <fcc.,

A. C. MYERS,
Acting Quartermaster- General.

Executive Department,
MUledgeviUe, Ga., April 27, 1861.
Hon. L. P. Walker,

Secretary of War, Montgomery, Ala.:
Sir: While I assure you I entertain no feelings of jealousy on
account of your exercising the right to appoint surgeons and assistant
surgeons for the troops raised in Georgia and furnished to the Con-
federate States, yet, as conflicting information on the subject has
reached me (having but a few days since been furnished by Doctor
Blackburn, of Barnesville, Ga. , with what purported to be an extract
from a letter from you, stating that "all surgeons are now appointed
by the Governors of the States where volunteer regiments are raised
and tendered to the Government, and that when thus appointed they
rank as assistant surgeons in the Regular Army," and then only yes-
terday having received your telegram in which you say in reference to
such surgeons, "I appoint them"), I venture to trouble you with this
note, and beg you to inform me definitely on the subject. Permit
me also to inquire if you have appointed the surgeons to the volunteer
troops which have been furnished by other States tO the Confederate
States, and as I have not before me all the acts passed by the Provis-
ional Congress, be pleased to cite me to, and if convenient furnish me
with, the act or other authority under which the appointing power
above alluded to is claimed to be exercised by the Secretary of War
of the Confederate States.

BeUeve me, very truly, your obedient servant,

JOSEPH E. BROWN.

MiLLEDGEVILLE, April 27, 1861.

Hon. L. P. Walker:

Please say definitely whether you will receive volunteers into serv-
ice by divisions and brigades, as I have a division of two brigades of
fine soldiers nearly ready.

JOSEPH E. BROWN.

CONFEDERATE AUTHORITIES. 255

Richmond, April 27, 1861.
Hon. Jefferson Davis,

President of the Confederate States of America :
I am instructed by the convention of Virginia to communicate to
you the following resolution adopted this day:

Resolved by this convention, That the President of the Confederate States of
America and the constituted authorities of the Confederacy be, and they are
hereby, cordially and respectfully invited, whenever in their opinion the public
interest or convenience may require it, to make the city of Richmond or some
other place in this State the seat of the Government of the Confederacy.

Very respectfully, your obedient servant,

JOHN JANNEY,

President.

Baton Rouge, La., April 28, 1861.
His Excellency Jefferson Davis,

President of the Southern Confederacy :
Sir: Taking in view the present crisis which overhangs our
country, and knowing that in a few weeks the Southern Confederacy
will be invaded by a Northern army, I would beg most respectfully,
Mr. President, to call your attention to the facts that there are at this
present moment some 3,000 or 4,000 men confined in the different
penitentiaries of the seceded States who would be perfectly willing to
take up arms for the cause of the beloved South. Mr. President,
there are many in here that have served in the Florida war, and also
served with distinction in the battles of Cerro Gordo, Chapultepec,
and Monterey. I am a true So\itherner by birth and can assure you,
Mr. President, that the same military spirit that pervades my country-
men outside exists also amongst us within these prison walls. Mr.
President, there are enough of brave men within the prison walls of
the South to form several full regiments, and I am fully confident that
not an officer in the Confederate States that would object to command
them. During the Crimean war a similar plan was submitted to the
British Admiralty, emanating from prisoners, who at once laid the
matter before some of the most experienced officers in England. It
immediately met their approbation, and, in fact, they offered to com-
mand them, but the fall of Sebastopol and with it peace being consum-
mated put an end to the scheme. It is true, Mr. President, we have
committed overt acts, but I am convinced that if you, together with
the several Governors of the seceded States, will but give us a chance
in this coming campaign, I am confident that we will prove to the
South by many a well-contested battle that we were worthy of the
generosity of those who raised us from a degrading position to fight
the battles for the land we love and revere. There is, Mr. President,
I doubt scarcely a single man within these walls that would not rather
be fighting for the glorious South than be lingering out a miserable
existence within this living tomb. I thus have taken the liberty to
address you, Mr. President, on the subject, feeling confident that if
the idea meets your approbation it will be readily complied with by
the respective Governors of the seceded States at your solicitation
and suggestion.

I am, sir, with great respect, your obedient servant,

WM. R. STRIPLIN.

256 CORRESPONDENCE, ETC.

Montgomery, April 29, 1861.
Gentlemen op the Congress:

It is my pleasing duty to announce to you that the Constitution
framed for the establishment of a permanent Government for the Con-
federate States has been ratified by conventions in each of those
States to which it was referred. To inaugurate the Government in
its full proportions and upon its own substantial basis of the popular
will, it only remains that elections should be held for the designation
of the officers to administer it. There is every reason to believe that
at no distant day other States, identified in political principles and
community of interests with those which you represent, will join this
Confederacy, giving to its typical constellation increased splendor, to
its Government of free, equal, and sovereign States a wider sphere
of usefulness, and to the friends of constitutional liberty a greater
security for its harmonious and perpetual existence. It was not,
however, for the purpose of making this announcement that I have
deemed it my duty to convoke you at an earlier day than that fixed by
yourselves for your meeting. The declaration of war made against
this Confederacy by Abraham Lincoln, the President of the United
States, in his proclamation issued on the 15th day of the present
month,* rendered it necessary, in my judgment, that you should con-
vene at the earliest practicable moment to devise the measures nec-
essary for the defense of the country. The occasion is indeed an
extraordinary one. It justifies me in a brief review of the relations
heretofore existing between us and the States which now unite in war-
fare against us and in a succinct statement of the events which have
resulted in this warfare, to the end that mankind may pass intelligent
and impartial judgment on its motives and objects. During the war
waged against Great Britain by her colonies on this continent a com-
mon danger impelled them to a close alliance and to the formation of
a Confederation, by the terms of which the colonies, styling themselves
States, entered '^severaMy into a firm league of friendship with each
other for their common defense, the security of their liberties, and
their mutual and general welfare, binding themselves to assist each
other against all force offered to or attacks made upon them, or any
of them, on account of religion, sovereignty, trade, or any other pre-
tense whatever." In order to guard against any misconstruction of
their compact the several States made explicit declaration in a dis-
tinct article — that '■'■each State retains its sovereignty, freedom, and
independence, and every power, jurisdiction, and right which is not
by this Confederation expressly delegated to the United States in
Congress assembled."

Under this contract of alliance, the war of the Revolution was suc-
cessfully waged, and resulted in the treaty of peace with Great Britain
in 1783, by the terms of which the several States were each by name
recognized to be independent. The Articles of Confederation con-
tained a clause whereby all alterations were prohibited unless confirmed
by the Legislatures of every State after being agreed to by the Con-
gress; and in obedience to this provision, under the resolution of
Congress of the 21st of February, 1787, the several States appointed
delegates who attended a convention "for the sole and express pur-
pose of revising the Articles of Confederation and reporting to Con-
gress and the several Legislatures such alterations and provisions
therein as shall, when agreed to in Congress and confirmed by the

* See Series Ul, Vol. I, p. 67.

CONFEDERATE AUTHORITIES. .257

States, render the Federal Constitution adequate to the exigencies of
Government and the preservation of the Union." It was by the del-
egates chosen by the several States under the resolution just quoted
that the Constitution of the United States was framed in 1787 and
submitted to the several States for ratification, as shown by the sev-
enth article, which is in these words: " The ratification of the con-
ventions of nine States shall be sufficient for the establishment of this
Constitution between the States so ratifying the same." I have itali-
cized certain words in the quotations just made for the purpose of
attracting attention to the singular and marked caution with which
the States endeavored in every possible form to exclude the idea that
the separate and independent sovereignty of each State was merged
into one common government and nation, and the earnest desire they
evinced to impress on the Constitution its true character — that of a
compact between independent States. The Constitution of 1787, hav-
ing, however, omitted the clause already recited from the Articles of
Confederation, which provided in explicit terms that each State retained
its sovereignty and independence, some alarm was felt in the States,
when invited to ratify the Constitution, lest this omission should be
construed into an abandonment of their cherished principle, and they
refused to be satisfied until amendments were added to the Consti-
tution placing beyond any pretense of doubt the reservation by the
States of all their sovereign rights and powers not expressly delegated
to the United States by the Constitution.

Strange, indeed, must it appear to the impartial observer, but it is
none the less true that all these carefully worded clauses proved
unavailing to prevent the rise and growth in the Northern States of
a political school which has persistently claimed that the government
thus formed was not a compact between States, but was in effect a
national government, set up above and over- the States. An organi-
zation created by the States to secure the blessings of liberty and
independence against foreign aggression, has been gradually per-
verted into a machine for their control in their domestic affairs. The
creature has been exalted above its creators; the principals have
been made subordinate to the agent appointed by themselves. The
people of the Southern States, whose almost exclusive occupation was
agriculture, early perceived a tendency in the Northern States to
render the common government subservient to their own purposes by
imposing burdens on commerce as a protection to their manufactur-
ing and shipping interests. Long and angry controversies grew out
of these attempts, often successful, to benefit one section of the
country at the expense of the other. And the danger qf disruption
arising from this cause was enhanced by the fact that the Northern
population was increasing, by immigration and other causes, in a
greater ratio than the population of the South. By degrees, as the
Northern States gained preponderance in the National Congress, self-
interest taught their people to yield ready assent to any plausible
advocacy of their right as a majority to govern tiie minority without
control. They learned to listen with impatience to the suggestion of
anj' constitutional impediment to the exercise of their will, and so
utterly liave the principles of the Constitution been corrupted in tlie
Northern mind that, in the inaugural address delivered by President
Lincoln in March last, he asserts as an axiom, which he plainly deems
to be undeniable, that the theory of the Constitution requires that in
all cases the majority shall govern ; and in another memorable instance
17 R K— SERIES IV, VOL I

258 COERESPONDENCE, ETC.

the same Chief Magistrate did not hesitate to liken the relations
between a State and the United States to those which exist between
a county and the State in which it is situated and by which it was
created. This is the lamentable and fundamental error on which
rests the policy that has culminated in his declaration of war against
these Confederate States. In addition to the long-continued and
deep-seated resentment felt by the Southern States at the persistent
abuse of the powers they had delegated to the Congress, for the
purpose of enriching the manufacturing and shipping classes of the
North at the expense of the South, there has existed for nearly half
a century another subject of discord, involving interests of such
transcendent magnitude as at all times to create the apprehension in
the minds of many devoted lovers of the Union that its permanence
was impossible. When the several States delegated certain powers
to the United States Congress, a large portion of the laboring popu-
lation consisted of African slaves imported into the colonies by the
mother country. In twelve out of the thirteen States negro slavery
existed, and the right of property in slaves was protected by law.
This property was recognized in the Constitution, and provision was
made against its loss by the escape of the slave. The increase in
the number of slaves by further importation from Africa was also
secured by a clause forbidding Congress to prohibit the slave-trade
anterior to a certain date, and in no clause can there be found any
delegation of power to the Congress authorizing it in any manner to
legislate to the prejudice, detriment, or discouragement of the owners
of that species of property, or excluding it from the protection of the
Government.

The climate and soil of the Northern States soon proved unpropi-
tious to the continuance of slave labor, whilst the converse was the
case at the South. Under the unrestricted free intercourse between
the two sections, the Northern States consulted their own interests
by selling their slaves to the South and prohibiting slavery within
their limits. The South were willing purchasers of a property suit-
able to their wants, and paid the price of the acquisition without
harboring a suspicion that their quiet possession was to be disturbed
by those who were inhibited not only by want of constitutional author-
ity, but by good faith as vendors, from disquieting a title emanating
from themselves. As soon, however, as the Northern States that
prohibited African slavery within their limits had reached a number
sufficient to give their representation a controlling voice in the Con-
gress, a persistent and organized system of hostile measures against
the rights of the owners of slaves in the Southern States was inaugu-
rated and gradually extended. A continuous series of measures was
devised and prosecuted for the purpose of rendering insecure the
tenure of property in slaves. Fanatical organizations, supplied with
money by voluntary subscriptions, were assiduously engaged in excit-
ing amongst the slaves a spirit of discontent and revolt; means were
furnished for their escape from their owners, and agents secretly
employed to entice them to abscond; the constitutional provision
for their rendition to their owners was first evaded, then openly de-
nounced as a violation of conscientious obligation and religious duty;
men were taught that it was a merit to elude, disobey, and violently
oppose the execution of the laws enacted to secure the performance
of the promise contained in the constitutional compact; owners of
slaves were mobbed and even murdered in open day solely for apply-
ing to a magistrate for the arrest of a fugitive slave; the dogmas

CONFEDEEATE AUTHORITIES. 259

of these voluntary organizations soon obtained control of the Leg-
islatures of many of the Northern States, and laws were passed
providing for the punishment, by ruinous fines and long-continued
imprisonment in jails and penitentiaries, of citizens of the Southern
States who should dare to ask aid of the oflacers of the law for the
recovery of their property. Emboldened by success, the theater of
agitation and aggression against the clearly expressed constitutional
rights of the Southern States was transferred to the Congress; Sena-
tors and Representatives were sent to the common councils of the
Nation, whose chief title to this distinction consisted in the display of a
spirit of ultra fanaticism, and whose business was not "to promote the
general welfai-e or insure domestic tranquillity," but to awaken the
bitterest hatred against the citizens of sister States by violent denun-
ciation of their institutions; the transaction of public affairs was
impeded by repeated efforts to usurp powers not delegated by the
Constitution, for the purpose of impairing the security of property in
slaves, and reducing those States which held slaves to a condition of
inferiority. Finally a great party was organized for the purpose of
obtaining the administration of the Government, with the avowed
object of using its power for the total exclusion of the slave States
from all participation in the benefits of the public domain acquired
by all the States in common, whether by conquest or purchase; of
surrounding them entirely by States in which slavery should be pro-
hibited ; of thus rendering the property in slaves so insecure as to be
comparatively worthless, and thereby annihilating in effect property
worth thousands of millions of dollars. This party, thus organized,
succeeded in the month of November last in the election of its candi-
date for the Presidency of the United States.

In the meantime, under the mild and genial climate of the South-
ern States and the increasing care and attention for the well-being
and comfort of the laboring class, dictated alike by interest and
humanity, the African slaves had augmented in number from about
600,000, at the date of the adoption of the constitutional compact,
to upward of 4,000,000. In moral and social condition they had been
elevated from brutal savages into docile, intelligent, and civilized agri-
cultural laborers, and supplied not only with bodily comforts but with
careful religious instruction. Under the supervision of a superior
race their labor had been so directed as not only to allow a gradual
and marked amelioration of their own condition, but to convert hun-
dreds of thousands of square miles of the wilderness into cultivated
lands covered with a prosperous people; towns and cities had sprung
into existence, and had rapidly increased in wealth and population
under the social system of the South; the white population of the
Southern slave-holding States had augmented from about 1,250,000 at
the date of the adoption of the Constitution to more than 8,500,000
in 1860; and the productions of the South in cotton, rice, sugar, and
tobacco, for the full development and continuance of which the labor
of African slaves was and is indispensable, had swollen to an amount
which formed nearly three-fourths of the exports of the whole United
States and had become absolutely necessary to the wants of civilized
man. With interests of such overwhelming magnitude imperiled,
the people of the Southern States were driven by the conduct of the
North to the adoption of some course of action to avert the danger
with which they were openly menaced. With this view the Legisla-
tures of the several States invited the people to select delegates to
conventions to be held for the purpose of determining for themselves

260 CORKESPONDENCE, ETC.

what measures were best adapted to meet so alarming a crisis in their
history. Here it may be proper to observe that from a period as early
as 1798 there had existed in all of the States of the Union a party
almost uninterruptedly in the majority based upon the creed that each
State was, in the last resort, the sole judge as well of its wrongs as
of the mode and measure of redress. Indeed, it is obvious that under
the law of nations this principle is an axiom as applied to the relations
of independent sovereign States, such as those which had united them-
selves under the constitutional compact. The Democratic party of
the United States repeated, in its successful canvass in 1856, the decla-
ration made in numerous previous political contests, that it would
"faithfully abide by and uphold the principles laid down in the Ken-
tucky and Virginia resolutions of 1798, and in the report of Mr. Mad-
ison to the Virginia Legislature in 1799; and that it adopts those prin-
ciples as constituting one of the main foundations of its political
creed." The principles thus emphatically announced embrace that to
which I have already adverted — the right of each State to judge of and
redress the wrongs of which it complains. These principles were
maintained by overwhelming majorities of the people of all the States
of the Union at different elections, especially in the elections of Mr.
Jefferson in 1805, Mr. Madison in 1809, and Mr. Pierce in 1852. In
the exercise of a right so ancient, so well established, and so neces-
sary for self-preservation, the people of the Confederate States, in
their conventions, determined that the wrongs which they had suf-
fered and the evils with which they were menaced required that they
should revoke the delegation of powers to the Federal Government
which they had ratified in their several conventions. They conse-
quently passed ordinances resuming all their rights as sovereign and
independent States and dissolved their connection with the other
States of the Union.

Having done this, they proceeded to form a new compact amongst
themselves by new articles of confederation, which have been also
ratified by the conventions of the several States with an approach to
unanimity far exceeding that of the conventions which adopted the
Constitution of 1787. They have organized their new Government in
all its departments; the functions of the executive, legislative, and
judicial magistrates are performed in accordance with the will of the
people, as displayed not merely in a cheerful acquiescence, but in the
enthusiastic support of the Government thus established by them-
selves; and but for the interference of the Government of the United
States in this legitimate exercise of the right of a people to self-govern-
ment, peace, happiness, and prosperity would now smile on our land.
That peace is ardently desired by this Government and people has
been manifested in every possible form. Scarce had you assembled
in February last when, prior even to the inauguration of the Chief
Magistrate you had elected, you passed a resolution expressive of your
desire for the appointment of commissioners to be sent to the Govern-
ment of the United States "for the purpose of negotiating friendly
relations between that Government and the Confederate States of
America, and for the settlement of all questions of disagreement
between the two Governments upon principles of right, justice,
equity, and good faith." It was my pleasure as well as my duty to
co-operate with you in this work of peace. Indeed, in my address
to you on taking the oath of office, and before receiving from you the
communication of this resolution, I had said " as a necessity, not a
choice, we have resorted to the remedy of separation, and henceforth

CONFEDERATE AUTHORITIES. 261

our energies must be directed to the conduct of our own affairs and
the perpetuity of the Confederacy which we have formed. If a just
perception of mutual interests shall permit us peaceably to pursue
our separate political career my most earnest desire will have been
fulfilled." It was in furtherance of these accordant views of the Con-
gress and the Executive that I made choice of three discreet, able,
and distinguished citizens, who repaired to Washington. Aided bj'
their cordial co-operation and that of the Secretary of State, eveiy
effort compatible with self-respect and the dignity of the Confederacy
was exhausted before I allowed myself to yield to the conviction that
the Government of the United States was determined to attempt the
conquest of this people and that our cherished hopes of peace were
unattainable.

On the arrival of our commissioners in Washington on the 5th of
March they postponed, at the suggestion of a friendly intermediary,
doing more than giving informal notice of their arrival. This was
done with a view to afford time to the President, who had just been
inaugurated, for the discharge of other pressing official duties in the
organization of his Administration before engaging his attention in
the object of their mission. It was not until the 12th of the month
that they officially addressed the Secretary of State, informing him of
the purpose of their arrival, and stating, in the language of their
instructions, their wish "to make to the Government of the United
States overtures for the opening of negotiations, assuring the Govern-
ment of the United States that the President, Congress, and people
of the Confederate States earnestly desire a peaceful solution of these
great questions; that it is neither their interest nor their wish to
make any demand which is not founded on strictest justice, nor do
any act to injure their late confederates."

To this communication no formal reply was received until the 8th
of April. During the interval the commissioners had consented to
waive all questions of form. With the firm resolve to avoid war if
possible, they went so far even as to hold during that long period
unofficial intercourse through an intermediary, whose high position
and character inspired the hope of success, and through whom con-
stant assurances were received from the Government of the United
States of peaceful intentions; of the determination to evacuate Port
Sumter; and further, that no measure changing the existing status
prejudicially to the Confederate States, especially at Fort Pickens,
was in contemplation, but that in the event of any change of intention
on the subject, notice would be given to the commissioners. The
crooked paths of diplomacy can scarcely furnish an example so want-
ing in courtesy, in candor, and directness as was the course of the
United States Government toward our commissioners in Washington.
For proof of this I refer to the annexed documents marked — ,* taken
in connection with further facts, which I now proceed to relate.

Early in April the attention of the whole country, as well as that of
our commissioners, was attracted to extraordinary preparations for
an extensive military and naval expedition in New York and other
Northern ports. These preparations commenced in secrecy, for an
expedition whose destination was concealed, only became known when
nearly completed, and on the 5th, 6th, and 7th of April, transports
and vessels of war with troops, munitions, and military supplies sailed
from Northern ports bound southward. Alarmed by so extraordinary

*Not found herewith, but see Davis to the Congress, May 8, 1861, Series I, Vol.
LIII, pp. 101-164.

262

a demonstration, the commissioners requested the delivery of an
answer to their official communication of the 12th of March, and
thereupon received on the 8th of April a reply, dated on the 15th of
the previous month, from which it appears that during the whole
interval, whilst the commissioners were receiving assurances calcu-
lated to inspire hope of the success of their mission, the Secretary of
State and the President of the United States had already determined
to hold no intercourse with them whatever; to refuse even to listen
to any proposals they had to make, and had profited by the delay
created by their own assurances in order to prepare secretly the
means for efEective hostile operations. That these assurances were
given has been virtually confessed by the Government of the United
States by its sending a messenger to Charleston to give notice of
its purpose to use force if opposed in its intention of supplying
Fort Sumter. No more striking proof of the absence of good faith in
the conduct of the Government of the United States toward this
Confederacy can be required than. is contained in the circumstances
which accompanied this notice. According to the usual course of
navigation the vessels composing the expedition designed for the
relief of Fort Sumter might be expected to reach Charleston Harbor
on the 9th of April. Yet, with our commissioners actually in Wash-
ington, detained under assurances that notice should be given of any
military movement, the notice was not addressed to them, but a mes-
senger was sent to Charleston to give the notice to the Governor of
South Carolina, and the notice was so given at a late hour on the 8th
of April, the eve of the very day on which the fleet might be expected
to arrive.

That this maneuver failed in its purpose was not the fault of those
who contrived it. A heavy tempest delayed the arrival of the expe-
dition and gave time to the commander of our forces at Charleston to
ask and receive the instructions of this Government. Even then,
under all the provocation incident to the contemptuous refusal to
listen to our commissioners, and the tortuous course of the Govern-
ment of the United States, I was sincerely anxious to avoid the effu-
sion of blood, and directed a proposal to be made to the commander of
Fort Sumter, who had avowed himself to be nearly out of provisions,
that we would abstain from directing our fire on Fort Sumter if he
would promise not to open fire on our forces unless first attacked.
This proposal was refused and the conclusion was reached that the
design of the United States was to place the besieging force at Charles-
ton between the simultaneous fire of the fleet and the fort. There
remained, therefore, no alternative but to direct that the fort should
at once be reduced. This order was executed by General Beauregard
with the skill and success, which were naturally to be expected from
the well-known character of that gallant officer; and although the
bombardment lasted but thirty-three hours our flag did not wave over
its battered walls until after the appearance of the hostile fleet off
Charleston. Fortunately, not a life was lost on our side and we were
gratified in being spared the necessity of a useless effusion of blood,
by the prudent caution of the officers who commanded the fleet in
abstaining from the evidently futile effort to enter the harbor for the
relief of Major Anderson.

I refer to the report of the Secretary of War, and the papers which
accompany it, for further details of this brilliant affair.* In this
connection I cannot refrain from a well-deserved tribute to the noble

CONPEDEEATE AUTHORITIES. 263

State, the eminent soldierly qualities of" whose people were so con-
spicuonsly displayed in the port of Charleston. For months they had
been irritated by the spectacle of a fortress held within their principal
harbor as a standing menace against their peace and independence.
Built in part with their own money, its custody confided with their
own consent to an agent who held no power over them other than
such as they had themselves delegated for their own benefit, intended
to be used by that agent for their own protection against foreign
attack, they saw it held with persistent tenacity as a means of offense
against them by the very Government which they had established for
their protection. They had beleaguered it for months, felt entire con-
fidence in their power to capture it, yet yielded to the requirements
of discipline, curbed their impatience, submitted without complaint
to the unaccustomed hardships, labors, and privations of a protractedc
siege ; and when at length their patience was rewarded by the signal
for attack, and success had crowned their steady and gallant conduct,
even in the veiy moment of triumph they evinced a chivalrous regard
for the feelings of the brave but unfortunate officer who had been
compelled to lower his flag. All manifestations of exultation were
checked in his presence. Their commanding general, with their cor-
dial approval and the consent of his Government, refrained from
imposing any terms that could wound the sensibilities of the com-
mander of the fort. He was permitted to retire with the honors of
war, to salute his flag, to depart freely with all his command, and was
escorted to the vessel in which he embarked with the highest marks
of respect from those against whom his guns had been so recently
directed.

Not only does eveiy event connected with the siege reflect the
highest honor on South Carolina, but the forbearance of her people
and of this Government from making any harsh use of a victory
obtained under circumstances of such peculiar provocation attest
to the fullest extent the absence of any purpose beyond securing
their own tranquillity and the sincere desire to avoid the calamities
of war. Scarcely had the President of the United States received
intelligence of the failure of the scheme which he had devised for the
re-enforcement of Fort Sumter, when he issued the declaration of
war against this Confederacy which has prompted me to convoke
you. In this extraordinary production that high functionary affects
total ignorance of the existence of an independent Government,
which, possessing the entire and enthusiastic devotion of its people,
is exercising its functions without question over se^en sovereign
States, over more than 5,000,000 of people, and over a ten-itory whose
area exceeds half a million of square miles. He terms sovereign
States "combinations too powerful to be suppressed by the ordinary
course of judicial proceedings or by the powers vested in the marshals
by law." He calls for an army of 75,000 men to act as a posse comi-
tatus in aid of the process of the courts of justice in States where no
cotii-ts exist whose mandates and decrees are not cheerfully obeyed
and respected by a willing people. He avows that "the first service
to be assigned to the forces called out" will be not to execute the
process of courts, but to capture forts and strongholds situated within
the admitted limits of this Confederacy and garrisoned by its troops;
and declares that "this effort" is intended "to maintain the perpe-
tuity of popular government." He concludes by commanding "the
persons composing the combinations aforesaid," to wit, the 5,000,000
of inhabitants of these States, "to retire peaceably to their respective

264 COBEESPONDENCE, ETC,

abodes within twenty days." Apparently contradictory as are the
terms of this singular document, one point is iinmistakably evident.
The President of the United States called for an army of 75,000 men,
whose first service was to be to capture our forts. It was a plain
declaration of war which I was not at liberty to disregard because of
my knowledge that under the Constitution of the United States the
President was usurping a power granted exclusively to the Congress.
He is the sole organ of communication between that country and
foreign powers. The law of nations did not permit me to question
the authority of the Executive of a foreign nation to declare war
against this Confederacy. Although I might have refrained from
taking active measures for our defense, if the States of the Union had
all imitated the action of Virginia, North Carolina, Arkansas, Ken-
tucky, Tennessee, and Missouri, by denouncing the call for troops as
an unconstitutional usurpation of power to which they refused to
respond, I was not at liberty to disregard the fact that many of the
States seemed quite content to submit to the exercise of the power
assumed by the President of the United States, and were actively
engaged in levying troops to be used for the purpose indicated in the
proclamation. Deprived of the aid of Congress at the moment I was
under the necessity of confining my action to a call on the States for
volunteers for the common defense, in accordance with the authority
you had confided to me before your adjournment. I deemed it proper,
further, to issue proclamation inviting application from persons dis-
posed to aid our defense in private armed vessels on the high seas,
to tlie end that preparations might be made for the immediate issue of
letters of marque and reprisal which you alone, under the Constitu-
tion, have power to grant. I entertain no doubt you will concur with
me in the opinion that in the absence of a fleet of public A'essels it
will be eminently expedient to supply their place by private armed
vessels, so happily styled by the publicists of the United States "the
militia of the sea," and so often and justly relied on by them as an
efficient and admirable instrument of defensive warfare. I earnestly
recommend the immediate passage of a law authorizing me to accept
the numerous proposals already received. I cannot close this review
of the acts of the (government of the United States without referring
to a proclamation issued by their President, under date of the 19th
instant, in which, after declaring that an insurrection has broken out
in this Confederacy against the Government of the United States, he
announces a blockade of all the ports of these States, and threatens
to punish as pirates all persons who shall molest.,any vessel of the
United States under letters of marque issued by this Government.
Notwithstanding the authenticity of this proclamation you will con-
cur with me that it is hard to believe it could have emanated from a
President of the United States. Its announcement of a mere paper
blockade is so manifestly a violation of the law of nations that it
Avould seem incredible that it could have been issued by authority;
but conceding this to be the case so far as the Executive is concerned,
it will be difficult to satisfy the people of these States that their late
confederates will sanction its declarations — will determine to ignore
the usages of civilized nations, and will inaugurate a war of extermi-
nation on both sides by treating as pirates open enemies acting under
the authority of commissions issued by an organized government. If
such proclamation was issued it could only have been published under
the sudden influence of passion, and we may rest assured mankind
will be spared the horrors of the conflict it seems to invite.

CONFEDERATE AUTHORITIES. 265

For the details of the administration of the different Departments I
refer to the reports of the Secretaries, which accompany this message. *

The State Department has furnished the necessary instructions for
three commissioners who have been sent to England, France, Russia,
and Belgium since your adjournment to ask our recognition as a mem-
ber of the family of nations, and to make with each of those powers
treaties of amity and commerce. Further steps will be taken to enter
into like negotiations with the other European powers, in pursu-
ance of your resolutions passed at the last session. Sufficient time
has not yet elapsed since the departure of these commissioners for
the receipt of any intelligence from them. As I deem it desirable
that commissioners or other diplomatic agents should also be sent at
an early period to the independent American powers south of our
Confederacy, with all of whom it is our interest and earnest wish to
maintain the most cordial and friendly relations, I suggest the expe-
diency of making the necessary appropriations for that purpose.
Having been ofi&cially notified by the public authorities of the State
of Virginia that she had withdrawn from the Union and desired to
maintain the closest political relations with us which it was possible
at this time to establish, I commissioned the Hon. Alexander H.
Stephens, Vice-President of the Confederate States, to represent this
Government at Richmond. I am happy to inform you that he has
concluded a convention with the State of Virginia by which that
honored Commonwealth, so long and justly distinguished among her
sister States, and so dear to the heai'ts of thousands of her children in
the Confederate States, has united her power and her fortunes with
ours and become one of us. This convention, together with the ordi-
nance of Virginia adopting the Provisional Constitution of the Con-
federacy, will be laid before yoxi for your constitutional action. I have
satisfactory assurances from other of our late confederates that they
are on the point of adopting similar measures, and I cannot doubt
that ere you shall have been many weeks in session the whole of the
slave-holding States of the late Union will respond to the call of honor
and affection, and by uniting their fortunes with ours promote our
common interests and secure our common safety.

In the Treasury Department regulations have been devised and put
into execution for carrying out the policy indicated in your legislation
on the subject of the navigation of the Mississippi River, as well
as for the collection of revenue on the frontier. Free transit has
been secured for vessels and merchandise passing through the Con-
federate States; and delay and inconvenience have been avoided as
far as possible, in organizing the revenue service for the various rail-
ways entering our territory. As fast as experience shall indicate
the possibility of improvement in these regulations no effort will be
spared to free commerce from all unnecessary embarrassments and ob-
structions. Under your act authorizing a loan, proposals were issued
inviting subscriptions for $5,000,000, and the call was answered by the
prompt subscription of more than $8,000,000 by our own citizens, and
not a single bid was made under par. The rapid development of the
purpo.se of the President of the United States to invade our soil, cap-
ture our forts, blockade our ports, and wage-war against us induced
me to direct that the entire subscription should be accepted. It will
now become necessary to raise means to a much larger amount to
defray the expenses of maintaining our independence and repelling

*For report of the Secretary of War, see p. 347.

266 CORRESPONDENCE, ETC.

invasion. I invite your special attention to this subject, and the
financial condition of the Government, with the suggestion of ways
and means for the supply of the Treasury, will be presented to you in
a separate communication.

To the Department of Justice you have confided not only the organ-
ization and supervision of all matters connected with the courts of
justice, but also those connected with patents and with the bureau
of public printing. Since your adjournment all the courts, with the
exception of those of Mississippi and Texas, have been organized by
the appointment of marshals and district attorneys and are now pre-
pared for the exercise of their functions. In the two States just named
the gentlemen confirmed as judges declined to accept the appoint-
ment and no nominations have yet been made to fill the vacancies.
I refer you to the report of the Attorney- General and concur in his
recommendation for immediate legislation, especially on the subject
of patent rights. Early provision should be made to secure to the
subjects of foreign nations the full enjoyment of their property in
valuable inventions, and to extend to our own citizens protection, not
only for their own inventions, but for such as may have been assigned
to them or may hereafter be assigned by persons not alien enemies.
The Patent-Office business is much more extensive and important than
had been anticipated. The applications for patents, although con-
fined under the law exclusively to citizens of our Confederacy, already
average seventy per month, showing the necessity for the prompt
organization of a bureau of patents.

The Secretary of War in his report and accompanying documents
conveys full information concerning the forces — regular, volunteer,
and provisional — raised and called for under the several acts of Con-
gress— ^their organization and distribution; also an account of the
expenditures already made, and the further estimates for the fiscal
year ending the 18th of February, 1862, rendered necessary by
recent events. I refer to his report also for a full history of the
occurrences in Charleston Harbor prior to and including the bom-
bardment and reduction of Fort Sumter, and of the measures subse-
quently taken for the common defense on receiving the intelligence of
the declaration of war against us, made by the President of the United
States. There are now in the field at Charleston, Pensacola, Forts
Morgan, Jackson, Saint Philip, and Pulaski 19,000 men, and 16,000
are now en route for Virginia. It is proposed to organize and hold in
readiness for instant action, in view of the present exigencies of the
country, an army of 100,000 men. If further force should be needed,
the wisdom and patriotism of Congress will be confidently appealed
to for authority to call into the field additional numbers of our noble-
spirited volunteers who are constantly tendering service far in excess
of our wants.

The operations of the Navy Department have been necessarily
restricted by the fact that sufficient time has not yet elapsed for the
purchase or construction of more than a limited number of vessels
adapted to the public service. Two vessels purchased have been
named the Sumter and McRae, and are now being prepai-ed for sea
at New Orleans with all possible dispatch. Contracts have also been
made at that city with two different establishments for the casting of
ordnance — cannon shot and shell — with the view to encourage the
manufacture of these articles, so indispensable for our defense, at as
many points within our territory as possible. I call your attention
to the recommendation of the Secretary for the establishment of a

CONPEDEEATE AUTHORITIES. 267

magazine and laboratory for preparation of ordnance stores and
the necessary appropriation for that purpose. Hitherto such stores
have usually been prepared at the navy-yards, and no appropriation
was made at your last session for this object. The Secretary also
calls attention to the fact that no provision has been made for the pay-
ment of invalid pensions to our own citizens. Many of these persons
are advanced in life; they have no means of support, and by the
secession of these States have been deprived of their claim against
the Government of the United States. I recommend the appropria-
tion of the sum necessary to pay these pensioners, as well as those of
the Army, whose claims can scarcely exceed $70,000 per annum.

The Postmaster-General has already succeeded in organizing his
Department to such an extent as to be in readiness to assume the
direction of our postal affairs on the occurrence of the contingency
contemplated by the act of March 15, 1861, or even sooner if desired
by Congress. The various books and circulars have been prepared
and measures taken to secure supplies of blanks, postage stamps,
stamped envelopes, mail bags, locks, keys, &c. He presents a detailed
classification and arrangement of his clerical force and asks for its
increase. An auditor of the Treasury for this Department is neces-
sary, and a plan is submitted for the organization of his bureau.
The gi-eat number and magnitude of the accounts of this Department
require an increase of the clerical force in the accounting branch in
the Treasury. The revenues of this Department are collected and
disbursed in modes peculiar to itself, and require a special bureau
to secure a proper accountability in the administration of its finances.
I call your attention to the additional legislation required for this
Department; to the recommendation for changes in the law fixing the
rates of postage on newspapers, periodicals, and sealed packages of
certain kinds, and specially to the recommendation of the Secretary,
in which I concur, tliat you provide at once for the assumption by him
of the control of our entire postal service.

In the military organization of the States provision is made for
brigadier and major generals, but in the Army of the Confederate
States the highest grade is that of brigadier-general. Hence it wiU no
doubt sometimes occur that where troops of the Confederacy do duty
with the militia, the general selected for the command and possessed
of the views and purposes of this Government will be superseded by
an oflacer of the militia not having the same advantages. To avoid this
contingency in the least objectionable manner I recommend that
additional rank be given to the general of the Confederjite Army, and
concurring in the policy of having but one grade of generals in the
Army of the Confederacy, I recommend that the law of its organization
be amended so that the grade be that o f general. To secure a thorough
military education it is deemed essential that officers should enter
upon the study of their profession at an early period of life and have
elementary instruction in a military school. Until such school shall
be established it is recommended that cadets be appointed and
attached to companies until they shall have attained the age and
have acquired the knowledge to fit them for the duties of lieutenants.
I also call your attention to an omission in the law organizing the
Army, in relation to military chaplains, and recommend that provision
be made for their appointment.

In conclusion, I congratulate you on the fact that in every portion
of our country there has been exhibited the most patriotic devotion
to our common cause. Transportation companies have freely ten-

268 CORRESPONDENCE, ETC.

dered the use of their lines for troops and supplies. The presidents
of the railroads of the Confederacy, in company with others who
control lines of communication with States that we hope soon to greet
as sisters, assembled in convention in this city, and not only reduced
largely the rates heretofore demanded for mail service and convey-
ance of troops and munitions, but voluntarily- proffered to receive
their compensation, at these reduced rates, in the bonds of the
Confederacy, for the purpose of leaving all the resources of the
Government at its disposal for the common defense. Requisitions
for troops have been met with such alacrity that the numbers
tendering their services have in every instance greatly exceeded the
demand. Men of the highest ofBcial and social position are serving
as volunteers in the ranks. The gravity of age and the zeal of youth
rival each other in the desire to be foremost for the public defense;
and though at no other point than the one heretofore noticed have
they been stimulated by the excitement incident to actual engagement
and the hope of distinction for individual achievement, they have
borne what for new troops is the most severe ordeal — patient toil and
constant vigil, and all the exposure and discomfort of active service,
with a resolution and fortitude such as to command approbation
and justify the highest expectation of their conduct when active valor
shall be required in place of steady endurance. A people thus united
and resolved cannot shrink from any sacrifice which they may be
called on to make, nor can there be a reasonable doubt of their
final success, however long and severe may be the test of their deter-
mination to maintain their birthright of freedom and equality as a
trust which it is their first duty to transmit undiminished to their
posterity. A bounteous Providence cheers us with the promise of
abundant crops. The fields of grain which will within a few weeks be
ready for the sickle give assurance of the amplest supply of food for
man ; whilst the com, cotton, and other staple productions of our soil
afford abundant proof that up to this period the season has been
propitious. We feel that our cause is just and holy; we protest
solemnly in the face of mankind that we desire peace at any sacrifice
save that of honor and independence ; we seek no conquest, no aggran-
dizement, no concession of any kind from the States with which we
were lately confederated; all we ask is to be let alone; that those who
never held power over us shall not now attempt our subjugation by
arms. This we will, this we must, resist to the direst extremity. The
moment that this pretension is abandoned the sword will drop from
our grasp, and we shall be ready to enter into treaties of amitj'^ and
commerce that cannot but be mutually beneficial. So long as this
pretension is maintained, with a firm reliance on that Divine Power
which covers with its protection the just cause, we will continue to
struggle for our inherent right to freedom, independence, and self-
government.

JEFFERSON DAVIS.

Montgomery, April 29, 1861.

Governor Joseph E. Brown,

MilledgeviUe, Ga.:
The organization of brigades and divisions belongs to the President,
under the sixth section of the act "to provide for the public defense."

L. P. WALKER.

CONFEDERATE AUTHORITIES. 269

Montgomery, April 29, 1861.
Governor J. E. Brown,

MiUedgeville :
I wish you to furnish immediately one regiment of infantry of picked
men for Pensacola.

Private. — Bragg needs them for lodgment on Santa Rosa Island
preparatory to opening upon Fort Pickens. Dispatch is necessary.
One regiment goes from here in a day or two. Would like to have
it consist of drilled companies, if possible.

L. P. WALKER.

Montgomery, Ala. , April SO, 1861.
Hon. L. P. Walker,

Secretary of War:
Dear Sir : A perusal of the following resolutions, adopted by the
convention of railroad presidents lately convened in this city, will
explain the object of this communication :

Resolved, That the secretaries furnish the Postmaster-General and the Secre-
tary of War with copies of the resolutions of this convention so far as they relate
to their respective Departments.

In accordance with the above I have the honor to inclose a copy of
the resolutions referred to.

With great respect, your obedient servant,

DANL. H. CRAM,

Secretary.

[Inciosnre.]

Resolved, That the several railroad companies represented in con-
vention will transport troops and munitions, upon the plan indicated
by the Quartermaster-General, at the following rates, namely: Men,
2 cents per mile; munitions, provisions, and material, at half the regu-
lar local rates.

Resolved, That in view of the present condition of the country and
of the possibility that the money at the command of the Government
may be required for other purposes, and particularly to provision and
keep in the field the troops required for the defense of the Confederate
States, the companies represented in this convention will, if it should
become necessary in the opinion of the Secretary of the Treasury to
make payment for the transportation of troops, munitions, and provis-
ions over our several roads in the bonds of the Confedejate States or
in Treasury notes, receive the same at par.

Resolved, That the two foregoing resolutions in relation to the trans-
portation of men, provisions, and munitions take effect on the 1st day
of May.

Resolved, That each company here represented will immediately
issue a notice that all companies, detachments, or squads of men or
individuals must be provided with the requisite authority from the
Quartermaster-General's Department, or other proper officer of the
Confederate States, to entitle them to the conditions adopted by this
convention.

Resolved, That the Quartermaster-General be requested at once to
designate what class of certificate shall be sufficient to pass detach-
ments or squads of men or individuals over the several roads at the
expense of the Confederate States.

270 COREESPONDENCE, ETC

Post-Ofwce Department,
Montgomery, April 30, 1861.
Hon. L. P. Walker,

Secretary of War:

Sir: I have the honor of calling your attention to the inclosed copy
of a communication addressed to this Department by A. M. Gentry,
esq., president of the Texas and New Orleans Railroad Company.
Respectfully,

H. ST. GEO. OFFUTT,
Chief of Contract Bureau.

[Inclasnre.J

Galveston, April 2J^, 1861.
Hon. John H. Reagan,

Postmaster-General, &c., Montgomery :
Sir: Your letter of the 16th instant was duly received by me at
this point this a. m. , it having been detained by going up to Houston
and being returned again. I find it to be impossible for me now to
reach Montgomery in time for the interview at noon on the 26th. Yet
we may have an agent or representative there in a few days after. I
feel that my presence here and in Louisiana will keep me in position
to be of more service to our country than if I were to leave at this
juncture. I am now making all my arrangements to put on between
Texas and New Orleans, as soon as our outside communication is
stopped, which we may expect hourly, a line of pony express between
the raili'oads, so as to get the Government dispatches and important
letters through regularly in from forty-eight to sixty hours. I will
not wait for orders from your Department to do this, but will act on
the necessity and leave it to you and the War Department to arrange
about hereafter. All public dispatches for the Confederate States
Government forwarded to me at Houston from all parts of Texas will
be pushed through by private bearers if necessary. In the meantime
remember we will be prepared to convey the mails all inland at a rea-
sonable compensation, and open a line for transport of munitions of
war and men in case of blockade. Please keep me advised.

Yours, respectfully,

A. M. GENTRY,
Prest. of Texas and New Orleans Railroad Co. , Houston, Tex.

Montgomery, April SO, 1861.
Hon. C. M. Conrad:

Dear Sir : Understanding that there is a great scarcity of small
fire-arms and ammunition in the Confederate States, it has occurred
to me that some might be obtained in the British Provinces, Maine,
Massachusetts, and New York. Being a British subject, and from
that part of New Brunswick adjoining the most eastern extremity of
Maine, and having relatives who would co-operate with me, I propose
(if the arms and ammunition are to be had) to load one or more small
vessels in New Brunswick near the lines and run them into some port
or inlet of the Confederate States. Having a British clearance and
register, they could be loaded so as to avoid all suspicion, even if
examined by the enemy. Will you be kind enougli to submit the
above proposition to the President; and should it meet with his
approval, and a special agent, clothed with necessai-y powers, be

CONFEDERATE AUTHORITIES. 271

appointed to act in conjunction with me, I shall be happy to devote
myself to the accomplishment of the proposed object. Inclosed I
hand you a letter of introduction to President Davis given me b}'
Governor Moore, of Louisiana.

Very respectfully, your obedient servant,

W. II. AYMAR.

[lucloHure.]

New Orleans, April 25, 1861.
Jefferson Davis,

President of the Confederate States, Montgomery, Ala.:
Dear Sir: I beg leave to introduce to you Mr. "W. H. Aymar, a
gentleman of standing and respectability in New Orleans. Mr. AjTnar
is a British subject, who desires to have an interview with you on the
subject of the purchase of arms and ammunition in Canada for the
use of the Confederate States. You can rely upon all that Blr. Aymar
says to you.

Very respectfully, your obedient servant,

THO. O. MOORE.

Marietta, April 30, 1861.
L. P. Walker:

I have sent most of my best drilled companies to Virginia. Will
do the best I can for you. Do not believe it possible to have them
i-eady with tents, knapsacks, and accouterments immediately. Can
you furnish any? The calls come so fast one cannot get enough
made.

JOSEPH E. BROWN.

Confederate States of America, War Department,

Montgomery, April SO, 1861.
His Excellency Francis W. Pickens,

Governor of South Carolina:
Sir: I have had the honor to receive your letters of the 23d and
25th of April, and should have instantly replied to them but for the
overwhelming pressure upon me consequent on the approach of Con-
gress. It gives me now very great pleasure to reassure Your Excel-
lency that the amount of subsistence applied for will be furnished,
and to add my cordial approval of the steps taken in reference to the
forces you have raised under the requisition of General Beauregard.
When these troops shall be called for by this Department they will be
placed under Confederate ofiBcers, and be assigned to active and not
garrison duty, according to your wishes. Our plan of operations for
the campaign is not yet thoroughly matured, but our troops will ren-
dezvous in Virginia, subject to orders. Virginia and North Carolina
are considered certain to unite with this Government, and in our
intercoui-se with them, especially in our military operations, they are
thus regarded. The uniform, earnest, and consistent co-operation of
Your Excellency with our efforts here to defend and maintain the
general interest is deeply felt and acknowledged by each member of
the Government, but by none more sincerely than myself.

I have the honor to be, with the highest consideration,

L. P. WALKER,
Secretary of War.

272 CORRESPONDENCE, ETC.

Nashville, April SO, 1861.
Hon. L. P. Walker :

After receiving your telegram of 22d, and one same day from Gov-
ernor Letcher, I proceeded to organize three regiments for Lynch-
burg, Va. Dispatch from Governor Letcher to-day saying he knows
nothing of the call, and asking me not to send until further orders.
The regiments will report themselves ready to-morrow or next day.
If they go, will conform to all the terms specified in your dispatch,
reserving, however, the right to be recalled to Tennessee when the
Governor may deem it necessary, and must be armed, provisioned,
&c., at Lynchburg. Answer.

ISHAM G. HARRIS.

Confederate States op America, War Department,

Montgomery, May 1, 1861.
Daniel H. Cram, Esq.,

Secretary of the Montgomery and West Point Railroad:
Sir: The Secretary of War has had the honor to receive the resolu-
tions "adopted by the convention of railroad presidents lately con-
vened at Montgomery," inclosed with your letter of the 30th of April.
With a high appreciation of the action of the convention he returns
the grateful acknowledgments of this Department.

I have the honor to be, very respectfully, your obedient servant,

JOHN TYLER, Jr.

[May 1, 1861. — For Jett to Davis, tendering services of a brigade
of Arkansas militia, see Series I, Vol. I, p. 689.]

New Orleans, May 1, 1861.
President Jefferson Davis:

We send a swift steamer to Havana at once. We can there buy a
large quantity of muskets, rifles, powder, caps. We have not suffi-
cient funds to buy all. Shall I buy for Confederacy? If so, give
credit on Citizens' Bank.

THO. O. MOORE.

New Orleans, ifay i, 1861.
J. P. Benjamin:

It will bankrupt the State to keep 6,000 men an indefinite time. To
disband them would be very disastrous. Is it possible for you to inti-
mate how long I should have to keep them before they are mustered
into the service of the Confederate States ? Answer immediately.

THO. O. MOORE.

[May 1, 1861. — For Ellis to Davis, announcing passage of conven-
tion bill, &c., see Series I, Vol. I, p. 488.]

CONFEDERATE AUTHORITIES. 273

Executive Department, South Carolina,

May 1, 1861.
Honorable Mr. Walker,

Secretary of War, Montgomery, Ala. :
Sir: I wrote you on the 26th of April, requesting the appointment
of a paymaster-general for the forces that are now here in the Con-
federate service, and also a commissary-general, so as to have every-
thing reduced to one system, and as soon as these officers are appointed
by you I will withdraw those I have appointed from service. In all
this General Beauregard concurs. The regiments that have been
called into service were so called under requisitions from your Depart-
ment and also under express orders from General Beauregard. I
consider them as volunteers from South Carolina, and if two or more
regiments are brought together they are subject to the command of a
general appointed by the President, particularly if called out of the
State. I consider these volunteer regiments as volunteers from South
Carolina, and not technically what may be called provisional forces
or the Provisional Army, for our enlisted and regular troops are con-
stituting a part of the Provisional Army. If I understand it, the
Confederate Government propose to have a regular standing army,
enlisted for a term not shorter than three years, and our regular
enlisted battalion of artniery and part of a regiment of infantry
could not be received into the Regular Army of the Confederate Gov-
ernment, because its time of enlistment was too short and the officers
were not appointed by the President; but there is no difficulty in
their being transferred over to the Confederate forces as part of the
Provisional Army, as is done from Georgia and other States. Then
there is in contemplation a volunteer force, to be formed of regiments,
battalions, and companies besides, which in like manner, when two
or more regiments are together, may be commanded by a general from
the Confederate States, appointed by the President, or, if he chooses,
designated from one of our generals appointed over our volunteer
organization, but just as the President orders.

There are, then, three distinct services : First, a Regular Army of
the Confederate Government, then a Provisional Army, and then a
force composed of volunteer regiments from the States, but still
known as volunteers for a year's service, composed of men not enlisted
or drafted. Our volunteer regiments are of this kind, ready for serv-
ice, and ready to obey any generals appointed or designated by the
President of the Confederate Government. If I am understood in
this, please let me know if I am right, so there may be no misunder-
standing. Our organization of 10,000 men into regimeirts was made
under an act i)assed when we were a State by ourselves and before
any provisional government had been formed, and therefore might
seem to have been formed for the State alone; but the convention of
the State, through our representatives, formed a Provisional Govern-
ment, which I consider as binding upon us as our own State govern-
ment, and have therefore considered the defense of these Confederate
States as the defense of South Carolina, and the organization of our
volunteer regiments is the most efficient that can be made at present.
I therefore think the conditions above indicated as just to them, and
not at all impairing the efficiency of the forces that may be required
for the Confederate Government.

Very respectfully, your obedient servant,

F. W. PICKENS.

18 R R — SERIES IV, VOL I

274 COEEESPONDENCE, ETC.

Montgomery, May 1, 1861.
Governor I. G. Hakris,

NasJiville :
All the arrangements have been made for the transportation of the
troops to Lynchburg, where they will be armed and equipped and
provisioned, of course. Let me know when they will depart. I send
by mail bonds to be executed by an assistant quartermaster and
assistant commissary for each regiment, leaving you to designate the
I)ersons. Their rank and pay will be that of captain. Have the
bonds executed according to directions accompanying them and for-
warded to me. Would like to know what your Legislature has done.

L. P. WALKER.

[May 1, 1861. — For Walker to Harris, in regard to recall of Ten-
nessee troops sent to Virginia, see Series I, Vol. LII, Part II, p. 81.]

[May 1, 1861. — For correspondence between Walker and Letcher, in
regard to organization, disposition, &c. , of the military force of Vir-
ginia, see Series I, Vol. II, p. 792.]

May 2, 1861.
His Excellency .Tefferson Davis,

President of the Confederate States:
Sir: The estimates furnished by the War Department require that
the whole amount of the $15,000,000 loan should be realized as promptly
as possible. I recommend, therefore, to Your Excellency that the
Secretary of the Treasury be authorized to make an immediate call
for the balance.

Very respectfully, your obedient servant,

C. G. MEMMINGER,

Secretary of the Treasury.

General, Orders, ) Headquarters Virginia Forces,

No. 7. ( Richmond, Va., May 2, 1861.

In order that there may be no misapprehension, it is hereby ordered
that the State of Virginia will not be held responsible for any extra
charge by railroad companies for running extra trains for the trans-
portation of persons employed in the military service of the State,
freight, supplies, munitions of war, &c. , without express authority in
writing from the quartermaster in Richmond in charge of the depart-
ment of transportation. But in case of extraordinary emergency this
rule will be waived so far as to empower railroad ofl&cials to telegraph
to the quartermaster-general at Richmond for authority to employ
extra trains if it shall be considered absolutely essential for the inter-
ests of the public service. No compensation will be made for the
transportation of any persons in the military service, freight, supplies,
munitions of war, &c. , except supplies to the subsistence department,
unless specially authorized b}' the aforesaid quartermaster or some

CONFEDERATE AUTHORITIES. 275

other officer with written authority from the quartermaster's depart-
ment, or some one of the general officers commanding divisions or
departments of the State. Subsistence supplies will be consigned to
the commissary of subsistence at the point of destination, and a receipt
from him or an authorized officer of his department will be considered
a sufficient voucher for payment. All officers of railroad companies
are requested to render their accounts weekly, to be accompanied by
the written orders from properly authorized officers, as specified afore-
said, as vouchers, when said accounts will be duly examined and cer-
tified to by the quartermaster's department for payment thereof.
Troops, baggage, munitions, and subsistence stores from other States
will be forwarded from Weldon and Goodson without any special order.
By command of Major-General Lee :

R. S. GARNETT,

Adjutant- General.

Nashville, May 2, 1861.
Hon. L. P. Walker:

Colonel Turney's regiment left Winchester for Lynchburg last
night. The regiments of Colonels Bate and Maney will be ready
to march in a day or two. Shall I send them forward as soon as
organized ?

ISHAM G. HARRIS.

AN ACT to provide for the appointment of chaplains in the Army.

Section 1. The Congress of the Confederate States of America do
enact. That there shall be appointed by the President such number of
chaplains, to serve with the armies of the Confederate States during
the existing war, as he may deem expedient; and the President shall
assign them to such regimeuts, bx-igades, or posts as he may deem
necessary; and the appointments made as aforesaid shall expire when-
ever the existing war shall terminate.

Sec. 2. The monthly pay of said chaplains shaU be $85; and said
pay shall be in full of all allowances whatever.

Approved May 3, 1861.

Confederate States of America, War Department,

Montgomery, May S, 1861.
Mr. W. H. Aymar:

Sir: Upon your representation that good and serviceable arms may
be purchased in the British Provinces, you are hereby informed that
the Confederate States will receive from you at any of its ports any
such arms you may be able to procure, paying you therefor full value
of such arms, with all cost of transportation and other expenses. This
Government will also indemnify you against losses by sea or capture
by the enemy upon satisfactory evidence thereof. Brass cannon and
accouterments and other materials of war will be received on the same
terms. Payment will be made to your order at any point within the
Confederacy you may indicate on receipt of the arms and munitions.
Respectfully, your obedient servant,

L. P. WALKER,
Secretary of War.

276 COEEESPONDENCE, ETC.

May 3, 1861.
Hon. L. P. Walker,

Secretary of War:
Dear Sir: I received to-day from Mr. Tate, the president of the
Memphis and Charleston Railroad, the inclosed letter. I am induced
to send it to you because of the importance of the matters referred to
and the known business character and capa<!ity of the ■writer. The
objects are of great moment, and this must constitute my apology for
pressing anything upon your attention at a time when it is so constantly
occupied.

I have the honor to be, yours, most respectfuUj^,

ALEX. M. CLAYTON.

[Inclosure.]

Charleston, S. C, Hay 1, 1861.
Hon. A. M. Clayton,

Montgomery, Ala.:
Dear Sir: The importance of the questions involved and the inter-
est I know you feel in their success induces me to address you now.
I know you are near the President and can get his ear. There are no
provisions in the South — not enough for a full supply for sixty days.
How are we to get it ? The Government at Washington is making
important arrangements to take Saint Louis and close the Mississippi
effectually against us from Cairo up. This cuts off our last hope for a
full supply of provisions and lead. By efficient action now we can save
the Stat« of Missouri to the South and keep open an outlet to an
abundant supply of provisions. If we don't aid Missouri, and that
quickly, we lose both and place our enemies in a position to concen-
trate an army in the Northwest unmolested, with plenty to eat and fully
equipped to overrun the Mississippi Valley. Governor Jackson is with
us. His people are also with us, except at Saint Louis, where they are
divided. The first thing we know we will be out of powder, lead, and
percussion-caps. They can be had through Cuba alone at this time,
and a blockade may be established that will cut off this means of
supply. Our Government should act, and act with the most vigorous
energy, to effect these objects at once. I aiji neither a politician nor a
warrior. I have too much on my hands to engage actively in either.
I can serve my country better in other ways. I hope you will not let
our Government lose sight of the vast interests at stake in the Missis-
sippi VaUey, and by all means urge the keeping open the navigation of
the Mississippi River and the possession of Saint Louis at all hazards.
Your friend,

SAM. TATE.

Montgomery, May 3, 1861.
Governor Thomas O. Moore,

New Orleans:
Your dispatch of 1st to Mr. Benjamin just received. It is impossible
now to say when additional troops will be required. Until the call is
made absolute there is no necessity to rendezvous them at New Orleans.
My conditional requisitions were made simply that you might have com-
panies organized in your State ready to respond. Let me know what
number are assembled in New Orleans.

L. P. WALKER.

CONFEDERATE AUTHORITIES. 277

MONTGOMEEY, May 3, 1861.
Governor Thomas O. Mookb,

New Orleans:
Your dispatch of the 3d [1st ?] to the President received. Buy all
the muskets, rifles, powder, and caps that you can. The funds will
be provided as you suggest. The Secretary of the Treasury will see
to this.

L. P. WALKER.

• Executive Office,
Jackson, Miss., May 3, 1861.

His Excellency President Jefferson Davis:

Dear Sir: The troops from Mississippi at Pensacola are sending to
me for tents, clothing, arms, medicine, &c. I am sending them what-
ever is in my power to furnish. The expenses of forwarding our troops,
arms, ammunition, tents, camp equipage, clothing, <fcc., has so depleted
our treasury that I am unable to pay the expenses of calling the remain-
ing troops into camp for instruction, which they very much need. Is it
proposed by the Confederate Government to refund to the States these
advances made by them for the troops sent into service ? If so, ploase
have me informed when and how. We have now about eighty com-
panies anxious to get into service and clamoring to be ordered into
camp for drill and instruction. The ten cavalry companies provided
for in our ordinance were promptly filled, some of them well armed,
and drilling daily. They began to despair of being called for, and
are asking to be i)ermitted to change their arms for infantry; but I
wiU not trouble you with the detail of these matters. Suffice it to
say, all Mississippi is in a fever to get to the field, and hail an order
to march as the greatest favor you can bestow on them, and if you
take the field they could not be restrained.

Governor Winston, of Alabama, wishes a fighting place in the pic-
ture. I know him well; he is capable of doing the Confederacy much
and valuable service, and many will be trusted with command in this
war who are not as faithful, as wise, or as brave as I know him to be.
Any aid you may render him in getting a position in the field will be
gratefully remembered by me and worthily bestowed on him. I am
putting a battery at Vicksburg, but hope to move it several hundred
miles up the river before one of the guns is fired at our enemies. I hojje
you wiU cause our Confederacy to act like James Fitz-James when
beset by Highland foes, "no timid deer, but lion of the hunt aware."

In hopes of an early additional requisition, I am, very respectfully,
your friend,

JOHN J. PETTUS.

Montgomery, Ala., May 3, 1861.
Governor ISHAM G. Harris,

Nashville, Tenn.:

Yes; send them forward as soon as organized.

L. P. WALKER.

[May 3, 1861. — For proclamation of the Governor of Virginia call-
ing out the military forces of the State to repel invasion, <fcc., see
Series I, Vol. II, p. 797.]

278 CORRESPONDENCE, ETC.

AN ACT providing for a regiment of zouaves in the Army of the Confederate

States.

The Congress of the Confederais States of America do enact. That
there shall be added to the military establishment of the Confed-
erate States one regiment of zouaves, to be composed of one col-
onel, one lieutenant-colonel, one major, and ten companies; and each
company shall consist of one captain, one first lieutenant, two second
lieutenants, one sergeant-major, one quartermaster-sergeant, four
sergeants, and eight corporals, and ninety privates. And to the regi-
ment there shall be attached.one adjutant and a quartermaster, to
be selected from the lieutenants. And one assistant surgeon shall be
appointed for the regiment, in addition to those already authorized
by law for the Medical Department. The monthly pay of the officers
of the regiment of zouaves shall be the same as that of officers of
infantry of the same rank; the allowances shall also be the same as
those provided by law for officers of infantry ; and the adjutant and
quartermaster shall receive $10 per month in addition to their pay as
lieutenants. The monthly pay of the enlisted men of said regiment
of zouaves shall be as follows: Sergeant-major and quartermaster-
sergeant, $20; sergeants, $17; corporals, $13, and privates, $11 each,
together with the same rations and allowance for clothing as are
received by all other enlisted men.

Approved May 4, 1861.

Confederate States of America, War Department,

Montgomery, May 4, 1861.
Hon. A. R. Wright,

Of the Congress:
Sir: Your letter of the 3d of May, inclosing to the President two
telegrams from the Hon. L. J. Gartrell, of Atlanta, Ga., together with
a letter from Mr. GartreU directed to the President, have been referred
to this Department. Your note, the telegrams, and the letter of Mr.
Gartrell all refer to one subject, to wit, the reception by this Depart-
ment of an independent regiment from Georgia, to be raised and com-
manded by Mr. Gartrell. On the 2d of May, the day of the date of
Mr. Gartrell's letter to the President as to the reception of his regi-
ment, he addressed to this Department a letter now before me, in which
he also desires the reception of an independent company of dragoons
commanded by Col. W. T. Wilson. Before these communications
were made to the President and myself Mr. Gartrell had written to
the War Department on the same subject, and on the 1st day of May
I caused a response to be prepared and transmitted to him, both as to
the law and the reason of the law under which the rule of my action
had been fixed with regard to all such tenders from within the States
of the Confederacy. A copy of this response, taken from the letter-
book of the office, I have the honor to send herewith for your further
information. I am now informed that Governor Brown, of Georgia,
does not object to my receiving into the Confederate service the regi-
ment from that State proposed by Mr. Gartrell, and I am further
informed that Governor Brown will fully equip and supply with arms
and accouterments this regiment under these circumstances, consider-
ing the reason of the rule of my action under the law as satisfied. I

CONFEDERATE AUTHORITIES. 279

will receive this regiment subject to the conditions as laid down by
Mr. Gartrell and assented to by Governor Brown, to wit :

First. The regiment must be raised within ten days, and be tendered
to this Department fully equipped, armed, and aceoutered.

Second. No application for arms and accouterments must be made
by Governor Brown for this purpose upon any supply of arms and
accouterments belonging to the Confederate States at Augusta or
elsewhere.

Third. If this regiment, after being raised, shall report to this
Department for arms and accouterments, or for any other necessary
equipments, they will be rejected, not having fulfilled the previously
expressed and voluntary conditions.

I trust, sir, that considering the great importance of the question as
it will be found to be presented in the letter to Mr. Gartrell from this
office of the 1st of May, this arrangement will be regarded in all its
strictness as the very best evidence I can give of my anxious solici-
tude to gratify Mr. Gartrell, to avoid offense to Governor Brown, and
to oblige yourself.

I have the honor to be, with the highest consideration, your obedient
servant,

L. P. WALKER.

[iDCloBure.]

Confederate States of America, War Department,

Montgomery, May 1, 1861.
Hon. L. J. Gartrell,

Atlanta, Oa.:

Sm: Your letter of the 29th of April to the Hon. A. R. Wright has
been referred to this Department, and I am instructed by the Secre-
tary of War to say in answer that the uniform rule obtaining in
respect to the subject-matter of your communication is such as has
been already made known to you. It will appear to you at once as
evident that any other would engender conflict between State and
Confederate authority. If independent volunteer corps from within
the Confederate States were accepted here, without regard to the
wishes and concurrent action of State Executives, the ability of the
latter to meet requisitions made upon them by the President would
be seriously impaired. This would follow inevitably. But there is
yet a higher principle involved, and one that strikes at the very
foundation of the political system we are struggling to maintain. I
mean that of State sovereignty. In view of this principle the action
of the Confederate Government is rendered inoperative even upon
State militia, save through the Governors of the States. The rule is
more than just; it involves the fundamental doctrine of free institu-
tions. With every disposition to oblige you personally, these are the
considerations that operate to relieve him of the power to accept
the regiment you place at his disposal without it comes tendered by
Governor Brown. If Governor Brown thinks proper he may accept
the services of this regiment under the call made upon him by the
President for an additional regiment to proceed to Pensacola, com-
municated on Monday last, provided he has not already made his
election.

Trusting that this explanation may be satisfactory, I have the honor
to be, with high regard, your obedient servant,

JOHN TYLER, Jr.

280 cobeespondence, etc.

Confederate States op America,

War Department, Ordnance Office,

Montgomery, May i, 1861.
Honorable Secretary of War:

General : Permit me to suggest that in order to relieve the cen-
tral Government of the multiplied calls made upon it for arms,
ammunition, &c., the Governors of States be notified that arms and
ammunition will be supplied to troops called out at the points where
the troops are to rendezvous for active service. Let the troops be
notified beforehand by the State authorities to equip themselves with
such temporary knapsacks, haversacks, and canteens as each indi-
vidual can prepare for himself. The central Government will supply
these of good quality at the place of rendezvous as fast as they can
be made. This will in a great measure prevent the perplexing and
mischievous requisitions of Governors of States on the arsenals.
Respectfully, your obedient servant,

J. GORGAS,

Major, &e.

Confederate States of America, War Department,

Montgomery, May 4, 1861.
His Excellency Joseph E. Brown,

Governor of Georgia, MiUedgevUle:
Sm: Your letter of the 27th April ia relation to the law governing
this Department with regard to staff appointments for the volunteer
forces called into the Confederate service is before me, and it gives
me great pleasure to potat you to the following provisions upon the
subject contained in the acts of Congress, to wit:
By the act approved March 6, 1861, it is provided —

Whenever the mUitia or volnnteers are called and received into the service of
the Confederate States (nnder the act to provide for the public defense) , they
shall have the same organization, and shall have the same pay and allowances,
as may he provided for the Begnlar Army.

This act further provides that —

When volunteers or militia are called into the service of the Confederate States
in snch nnmbers that the officers of the Qnartermaster's, Commissary, and Med-
ical Departments which may be authorized by law for the regular service are not
sufficient to provide for the supplying, quartering, transporting, and furnishing
them with the requisite medicaL attendaiice, it shall be lawful for the President
to appoint, with the advice and consent of the Congress^ as many adcUtional
officers of the said departments as the service may require, not exceeding one
commissary and one quartermaster for each brigade, with the rank of major,
and one assistant qusui«rmaster with the rank of captain, one assistant com-
missary with the rank of captain, one surgeon and one assistant surgeon for
each regiment.

The necessity existing for the exercise by this Government of the
discretionary powers lodged in it by this act, and the duties incident
thereto having devolved upon me, I have been left no alternative
than to take upon myself the responsibility, although, consulting my
own individual tastes and feeMngs on the subject, I should have
been, so far at least as Georgia is concerned, only too happy to have
left the disagreeable burden with Your Excellency. I beg Your
Excellency to be assured I have never imagined you could have
entertained a sentiment of "jealousy" in relation to the exercise of

CONFEDERATE AUTHORITIES. 281

an office equally harassing to the judgment and annoying to the
sensibilities.

Very truly, and with the highest consideration, believe me, your
obedient servant,

L. P. WALKER.

[May 4 and 9, 1861. — For correspondence between Walker and
Brown, in relation to the organization of troops for the defense of the
coast of Geoi^ia, see Series I, Vol. LIII, pp. 160, 164.]

[May 5, 1861. — For proclamation of Brig. Gen. P. St. George Cocke,
calling for volunteers from the eastern counties of Virginia, see Series
I, Vol, II, p. 804.]

[May 5, 1861. — For Jackson to Walker, in relation to troops from
Missouri, &c., see Series I, Vol. I, p. 690.]

AN ACT recognizing the existence of war between the United States and the
Confederate States, and concerning letters of marque, prizes, and prize goods.

Whereas, the earnest efforts made by this Government to establish
friendly relations between the Government of the United States and
the Confederate States, and to settle all questions of disagreement
between the two Governments upon principles of right, justice, equity,
and good faith, have proved unavailing by reason of the refusal of
the Government of the United States to hold any intercourse with the
commissioners appointed by this Government for the purposes afore-
said, or to listen to any proposal they had to make for the peaceful
solution of all causes of difficulty between the two Governments; and

Whereas, the President of the United States of America has issued
his proclamation making requisition upon the States of the American
Union for 75,000 men for the purpose, as therein indicated, of captur-
ing forts and other strongholds within the jurisdiction of, and belong-
ing to, the Confederate States of America, and has detailed naval
armaments upon the coasts of the Confederate States of America, and
raised, organized, and equipped a large military force to"fexeeute the
purpose aforesaid, and has issued his other proclamation announcing
his purpose to set on foot a blockade of the ports of the Confederate
States; and

Whereas, the State of Virginia has seceded from the Federal Union
and entered into a convention of alliance offensive and defensive with
the Confederate States, and has adopted the Provisional Constitution
of the said States; and the States of Maryland, North Carolina, Ten-
nessee, Kentucky, Arkansas, and Missouri have refused, and it is
believed that the State of Delaware and the inhabitants of the Terri-
tories of Arizona and New Mexico, and the Indian Territory south of
Kansas, will refuse to co-operate with the Government of the United
States in these acts of hostilities and wanton aggression, which are
plainly intended to overawe, oppress, and finally subjugate the people
of the Confederate States; and

282 CORRESPONDENCE, ETC.

Whereas, by the acts and means aforesaid, war exists between the
Confederate States and the Government of the United States and the
States and Territories thereof, except the States of Maryland, North
Carolina, Tennessee, Kentucky, Arkansas, Missouri, and Delaware,
and the Territories of Arizona and New Mexico, and the Indian
Territory south of Kansas : Therefore,

Section 1. The Congress of the Confederate Staies of America do
enact, That the President of the Confederate States is hereby author-
ized to use the whole land and naval force of the Confederate States
to meet the war thus commenced, and to issue to private armed ves-
sels commissions or letters of marque and general reprisal in such
form as he shall think proper, under the seal of the Confederate
States, against the vessels, goods, and effects of the Government of
the United States, and of the citizens or inhabitants of the States and
Territories thereof, except the States and Territories hereinbefore
named: Provided, however, That property of the enemy (unless it be
contraband of war) laden on board a neutral vessel shall not be sub-
ject to seizure under this act: And provided further, That vessels of
the citizens or inhabitants of the United States now in the ports of
the Confederate States, except such as have been since the 5th of
April last, or may hereafter be, in the service of the Government of
the United States, shall be allowed thirty days after the publication
of this act to leave said ports and reach their destination ; and such
vessels and their cargoes, excepting articles contraband of war, shall
not be subject to capture under this act during said period unless they
shall have previously reached the destination for which they were
bound on leaving said ports.

Sec. 2. That the President of the Confederate States shall be, and
he is hereby, authorized and empowered to revoke and annul at
pleasure aU letters of marque and reprisal which he may at any time
grant pursuant to this act.

Sec. 3. That all persons applying for letters of marque and reprisal,
pursuant to this act, shall state in writing the name and a suitable
description of the tonnage and force of the vessel, and the name and
place of residence of each owner concerned therein and the intended
number of the crew, which statement shall be signed by the person
or persons making such application and filed with the Secretary of
State, or shall be delivered to any other officer or person who shall be
employed to deliver out such commissions, to be by him transmitted
to the Secretary of State.

Sec. 4. That before any commission or letters of marque and
reprisal shall be issued as aforesaid, the owner or 'owners of the ship
or vessel for which the same shall be requested, and the commander
thereof for the time being, shall give bond to the Confederate States,
with at least two responsible sureties not interested in such vessel, in
the penal sum of $5,000, or if such vessel be provided with more than
150 men, then in the penal sum of $10,000, with condition that the
owners, officers, and crew who shall be employed on board such com-
missioned vessel shall and will observe, the laws of the Confederate
States and the instructions which shall be given them according to
law for the regulation of their conduct, and will satisfy aU damages
and injuries which shall be done or committed contrary to the tenor
thereof by such vessel during her commission, and to deliver up the
same when revoked by the President of the Confederate States.

Sec. 5. That aU captures and prizes of vessels and property shall
be forfeited and shall accrue to the owners, officers, and crews of the

CONFEDERATE AtJTHORITIES. 283

vessels by whom such captures and prizes shall be made, and on due
condemnation had shall be distributed according to any written agree-
ment wtich shall be made between them; and if there be no such
written agreement, then, one moiety to the owners and the other
moiety to the ofScers and crew, as nearly as may be, according to the
rules prescribed for the distribution of prize money by the laws of
the Confederate States.

Sec. 6. That all vessels, goods, and effects, the property of any citi-
zen of the Confederate States, or of persons resident within and under
the protection of the Confederate States, or of persons permanently
within the territories and under the protection of any foreign prince,
government, or State in amity with the Confederate States, which shall
have been captured by the IJnited States, and which shall be recap-
tured by vessels commissioned as aforesaid, shall be restored to the
lawful owners upon payment by them of a just and reasonable salvage,
to be determined by the mutual agreement of the parties concerned,
or by the decree of any court having jurisdiction, according to the
nature of each case, agreeably to the provisions established by law.
And such salvage shall be distributed among the owners, officers, and
crews of the vessels commissioned as aforesaid and making such cap-
tures, according to any written agreement which shall be made between
them; and in case of no such agreement, then in the same manner
and upon the principles hereinbefore provided in cases of capture.

Sec. 7. That before breaking bulk of any vessel which shall be cap-
tured as aforesaid, or other disposal or conversion thereof, or of any
articles which shall be found on board the same, such captured vessel,
goods, or effects shall be brought into some port of the Confederate
States or of a nation or State in amity with the Confederate States,
and shall be proceeded against before a competent tribunal; and after
condemnation and forfeiture thereof shall belong to the owners, ofl&-
cers, and crew of the vessel capturing the same, and be distributed as
before provided ; and in the case of all captured vessels, goods, and
effects which shall be brought within the jurisdiction of the Confed-
erate States, the district courts of the Confederate States shall have
exclusive original cognizance thereof, as in civil causes of admiralty
and maritime jurisdiction; and the said courts, or the courts, being
courts of the Confederate States, into which such cases shall be
removed and in which they shall be finally decided, shall and may
decree restitution in whole or in part when the capture shall have been
made without just cause, and if made without probable cause, may
order and decree damages and costs to the party injured, for which
the owners and commanders of the vessels making such captures, and
also the vessels, shall be liable.

Sec. 8. That all persons found on board any captured vessels, or on
board any recaptured vessel, shall be reported to the collector of the
port in the Confederate States in which they shall first arrive, and shall
be delivered into the custody of the marshal of the district or some
court or military of&cer of the Confederate States, or of any State in
or near such port, who shall take charge of their safe-keeping and
support, at the expense of the Confederate States.

Sec. 9. That the President of the Confederate States is hereby
authorized to establish and order suitable instructions for the better
governing and directing the conduct of the vessels so commissioned,
their officers and crews, copies of which shall be delivered by the col-
lector of the customs to the commanders, when they shall give bond
as before provided.

284 CORRESPONDENCE, ETC.

Sec. 10. That a bounty shall be paid by the Confederate States of
$20 for each person on board any armed iship or vessel belonging to
the United States at the commencement of an engagement, which shall
be burnt, sunk, or destroyed by any vessel commissioned as aforesaid,
which shall be of equal or inferior force, the same to be divided as in
other cases of prize money; and a bounty of $25 shall be paid to the
owners, officers, and crews of the private armed vessels commissioned
as aforesaid for each and every prisoner by them captured and brought
into port and delivered to an agent authorized to receive them in any
port of the Confederate States; and the Secretary of the Treasury is
hereby authorized to pay or cause to be paid to the owners, officers,
and crews of such private armed vessels commissioned as aforesaid, or
their agent, the bounties herein provided.

Sec. 11. That the commanding officer of every vessel having a com-
mission or lettei-s of marque and reprisal, during the present hostilities
between the Confederate States and the United States, shall keep a
regular journal, containing a true and exact account of his daily pro-
ceedings and transactions with such vessel and the crew thereof; the
ports and places he shall put into or cast anchor in; the time of his
stay there and the cause thereof; the prizes he shall take and the
nature and probable value thereof; the times and places when and
where taken, and in what manner he shall dispose of the same ; the
ships or vessels he shall fall in with; the times and places when and
where he shall meet with them, and his observations and remarks
thereon; also of whatever else shall occur to him or any of his officers
or marines, or be discovered by examination or conference with any
marines or passengers of or in any other ships or vessels, or by any
other means touching the fleets, vessels, and forces of the United
States, their posts and places of station and destination, strength,
numbers, intents, and designs; and such commanding officer shall,
immediately on his arrival in any port of the Confederate States, from
or during the continuance of any voyage or cruise, produce his com-
mission for such vessel, and deliver up such journal so kept as afore-
said, signed with his proper name and handwriting, to the collector or
other chief officer of the customs at or nearest to such port; the truth
of which journal shall be verified by the oath of the commanding
officer for the time being. And such collector or other chief officer of
the customs shall, immediately on the arrival of such vessel, order
the proper officer of the customs to go on board and take an account
of the officers and men, the niunber and nature of the guns, and
whatever else shall occur to him on examination material to be known;
and no such vessel shall be permitted to sail out Of port again until
such journal shall have been delivered up, and a certificate obtained
under the hand of such collector or other chief officer of the customs
that she is manned and armed according to her commission; and upon
delivery of such certificate any former certificate of a like nature
which shall have been obtained by the commander of such vessel shall
be delivered up.

Sec. 12. That the commanders of vessels having letters of marque
and reprisal as aforesaid, neglecting to keep a journal as aforesaid,
or wiUfuUy making fraudulent entries therein, or obliterating the
record of any material transactions contained therein, where the
interest of the Confederate States is concerned, or refusing to produce
and deliver such journal, commission, or certificate, pursuant to the
preceding section of this act, then, and in such cases, the commissions
or letters of marque and reprisal of such vessels shall be liable to be

CONFEDERATE AUTHORITIES. 285

revoked; and such commanders, respectively, shall forfeit for every
such offense the sum of $1,000, one moiety thereof to the use of the
Confederate States, and the other to the informer.

Sec. 13. That the owners or commanders of vessels having letters
of marque and reprisal as aforesaid, who shall violate any of the acts
of Congress lor the collection of the revenue of the Confederate States,
and for the prevention of smuggling, shall forfeit the commission or
letters of marque and reprisal, and they and the vessels owned or
commanded by them shall be liable to all the penalties and forfeitures
attaching to merchant vessels in like cases.

Sec. 14. That on all goods, wares, and merchandise captured and
made good and lawful prizes of war by any private armed ship having
commission or letters of marque and reprisal under this act, and
brought into the Confederate States, there shall be allowed a deduc-
tion of 33^ per cent, on the amount of duties imposed by law.

Sec. 15. That 5 per centum on the net amount (after deducting all
charges and expenditures) of the prize money arising from captured
vessels and cargoes, and on the net amount of the salvage of vessels
and cargoes recaptured by the private armed vessels of the Confeder-
ate States, shall be secured and paid over to the collector or other
chief oflScer of the customs, at the port or place in the Confederate
States at which such captured or recaptured vessels may arrive, or to
the consul or other public agent of the Confederate States residing at
the port or place not within the Confederate States at which such
captured or recaptured vessel may arrive. And the moneys arising
therefrom shall be held, and are hereby pledged by the Government
of the Confederate States as a fund for the support and maintenance
of the widows and orphans of such persons as may be slain, and for
the support and maintenance of such persons as may be wounded and
disabled on board of the private armed vessels commissioned as afore-
said, in any engagement with the enemy, to be assigned and dis-
tributed in such manner as shall hereafter be provided by law.

HOWELL COBB,
President of the Congress.

Approved May 6, 1861.

JEFF'N DAVIS.

Presidenfs instructions to private armed vessels.

1. The tenor of your commission, under the act of Congress entitled
"An act recognizing the existence of war between the United States
and the Confederate States, and concerning letters of marque, prizes,
and prize goods," a copy of which is hereto annexed, will be kept
constantly in your view. The high seas, referred to in your com-
missions, you will understand generally to refer to low water mark,
but with the exception of the space within one league or three
miles from the shore of countries at peace both with the United States
and the Confederate States. You may, nevertheless, execute your
commission within that distance of the shore of a nation at war with
the United States, and even on the waters within the jurisdiction of
such nation, if permitted to do so.

2. You are to pay the strictest regard to the rights of neutral
powers and the usages of civilized nations ; and in all your proceed-
ings toward neutral vessels you are to give them as little molestation
or interruption as will consist with the right of ascertaining their
neutral character and of detaining and bringing them in for regular

286 COEEESPONDENCE, ETC.

adjudication in the proper cases. Yon are particularly to avoid even
the appearance of using force or seduction with a view to deprive
such vessels of their crews or of their passengers other than persons
in the military service of the enemy.

3. Toward enemy vessels and their crews you arc to proceed, in
exercising the rights of war, with all the justice and humanity which
characterize this Government and its citizens.

4. The master and one or more of the principal persons belonging
to the captured vessels are to be sent, as soon after the capture as may
be, to the judge or judges of the proper court in the Confederate States,
to be examined upon oath touching the interest or property of the cap-
tured vessel and her lading, and at the same time are to be delivered
to the judge or judges all papers, charter-parties, bills of lading, let-
ters, and other documents and writings found on board, the said papers
to be proved by affidavit of the commander of the capturing vessel or
some other person present at the capture, to be produced as they were
received, without fraud, addition, subduction, or embezzlement.

5. Property even of the enemy is exempt from seizure on neutral
vessels, unless it be contraband of war. If jroods contraband of war
are found on any neutral vessel, and the commander thereof shall
offer to deliver them up, the offer shall .be accepted and the vessel left
at liberty to pursue its voyage, unless the quantity of contraband goods
be greater than can be conveniently received on board your vessel, in
which case the neutral vessel may be carried into port for the delivery
of the contraband goods. The following articles are deemed by this
Government contraband of war, as well as all others that are so
declared by the law of nations, viz : All arms and implements serving
for the purposes of war by land or sea, such as cannons, mortars, guns,
muskets, rifles, pistols, petards, bombs, grenades, baU, shot, shell,
fuses, pikes, swords, bayonets, javelins, lances, horse furniture, hol-
sters, belts, and generally all other implements of war. Also, timber
for shipbuilding, pitch, tar, rosin, copper in sheets, sails, hemp, cord-
age, and generally whatever may serve directly to the equipment of
vessels, unwrought iron and planks only excepted. Neutral vessels
conveying enemy's dispatches or military persons in the service of the
enemy forfeit their neutral character, and are liable to capture and
condemnation. But this rule does not apply to neutral vessels bearing
dispatches from the public ministers or ambassadors of the enemy
residing in neutral countries.

By command of the President of the Confederate States:

ROBERT TOOMBS,

Secretary of State.

Form, of bond.

Know all men by these presents :

That we {Note 1), , are bound to the Confederate States

of America in the full sum of {Note 2) thousand dollars, to the

payment whereof, well and truly to be made, we bind ourselves, our
heirs, executors, and administrators, jointly and severally, by these
presents.

The condition of this obligation is such that whereas application has
been made to the said Confederate States of America for the grant of
a commission or letter of marque and general reprisals, authorizing the

{Note S) or vessel, called the , to act as a private armed

vessel in the service of the Confederate States on the high seas against

CONFEDERATE AUTHORITIES. 287

the United States of America, its ships and vessels, and those of its
citizens, during the pendency of the war now existing hetween the
said Confederate States and the said United States.

Now, if the owners, officers, and crew who shall be employed on
board of said vessel when commissioned shall observe the laws of the
Confederate States and the instructions which shall be given them
according to law for the regulation of their conduct, and shall satisfy
all damages and injuries which shall be done or committed contrary
to the tenor thereof by such vessel during her commission, and shall
deliver up said commission when revoked by the President of the Con-
federate States, then this obligation shall be void, but otherwise shall
remaiu ia full force and effect.

Signed, sealed, and delivered in the presence of , on

this day of , .

A. B.,

CD.,

Witnesses.

SEAL.
SEAL..
SEAL,.
SEAli.

Note 1. — ^This blank nrnst be filled with the name of the commander for the
time being and the owner or owners, and at least two responsible sureties, not
interested in the vessel.

Note 2. — ^This blank must be filled with a " five " if the vessel be provided only
with 150 men or a less number ; if with more than that number the blank must be
filled vrith a " ten."

Note 3. — This blank must be filled -with the character of the vessel — " ship,"
" brig," " schooner," " steamer," &c.

AN ORDINANCE to dissolve the union now existing between the State of Arkan-
sas and the other States united with her under the compact entitled ' ' The Con-
stitution of the United States of America."

Whereas, in addition to the wellrfounded causes of complaint set
forth by this convention, in resolutions adopted on the 11th of March,
A. D. 1861, against the sectional party now in power at Washington
City, headed by Abraham Lincoln, he has, in the face of resolutions
passed by this convention pledging the State of Arkansas to resist to
the last extremity any attempt on the part of such power to coerce
any State that had seceded from the old Union, proclaimed to the
world that war should be waged against such States untiWhey should
be compelled to submit to their rule, and large forces to accomplish
this have by this same power been called out, and are now being mar-
shaled to carry out this inhuman design; and to longer submit to
such rule, or remain in the old Union of the United States, would be
disgraceful and ruinous to the State of Arkansas :

Therefore we, the people of the State of Arkansas, in convention
assembled, do hereby dedare and ordain, and it is hereby declared and
ordained. That the "ordinance and acceptance of compact" passed
and approved by the General Assembly of the State of Arkansas on
the 18th day of October, A. D. 1836, whereby it was by said General
Assembly ordained that by virtue of the authority vested in said Gen-
eral Assembly by the provisions of the ordinance adopted by the con-
vention of delegates assembled at Little Eock for the purpose of
forming a constitution and system of government for said State, the

288 CORRESPONDENCE, ETC.

propositions set forth in "An act supplementary to an act entitled 'An
act for the admission of the State of Arkansas into the Union, and to
provide for the due execution of the laws of the United States within
the same, and for other purposes,' were freely accepted, ratified, and
irrevocably confirmed, articles of compact and union between the State
of Arkansas and the United States," and all other laws and every
other law and ordinance, whereby the State of Arkansas became a
member of the Federal Union, be, and the same are hereby, in all
respects and for every purpose herewith consistent, repealed, abro-
gated, and fully set aside; and the union now subsisting between the
State of Arkansas and the other States, under the name of the United
States of America, is hereby forever dissolved.

And we do further hereby declare and ordain, That the State of
Arkansas hereby resumes to herself all rights and powers heretofore
delegated to the Government of the United States of America; that
her citizens are absolved from all allegiance to said Government of
the United States, and that she is in full possession and exercise of all
the rights and sovereignty which appertain to a free and independent
State.

We do further ordain and dedare. That all rights acquired and
vested under the Constitution of the United States of America, or of
any act or acts of Congress, or treaty, or under any law of this State,
and not incompatible with this ordinance, shall remain in full force
and effect, in nowise altered or impaired, and have the same effect as
if this ordinance had not been passed.

Adopted and passed in open convention on the 6th day of May,
A. D. 1861.

DAVID WALKER,
President of the Convention and Delegate

from the County of Washington.
JAMES L. TOTTEN,

Arkansas Cov/nty.
MARCUS L. HAWKINS,

Ashley County.
[And sixty-eight others.]
Attest.

ELIAS C. BOUDINOT,
Secretary of the Arkansas State Convention,

MlLLEDGEViLX,E, Ga., May 6, 1861.
L. P. Walker.

Who will muster the regiment into service at Macon Wednesday?
Have no reply to my dispatch of Saturday, and have directed the
rendezvous at Macon to-morrow.

JOSEPH E. BROWN.

MONTGOMEKY, May 6, 1861.
Governor Joseph E. Brown,

MUledgevilJe :
Your dispatches of the 4th and 5th received. Do not rendezvous
the troops at any point just yet. Pending legislation may somewhat
change the programme. Make arrangements, however, for two regi-
ments instead of one. Possibly neither may be sent to Pensacola,

CONFEDERATE AUTHORITIES. 289

and it is this doubt which I cannot just now determine which induces
me to ask you not to rendezvous them. Besides this it may be propei
to say that the term of service will be changed from twelve months
to for the war.

L. r. walker;

MiLLEDGEVILLE, May 6, 1861.

Hon. L. P. Walker:

Several companies of the Fifth Regiment are now on their way to
Macon. All are under orders, and will be there to-morrow. Tour
dispatch of 29th of April required me to furnish the regiment immedi-
ately. Do you wish me to disband them, and send them back home
till you again require them, or will you receive them now? I have
not funds to maintain them long in camp. Please answer.

JOSEPH E. BROWN.

MoNTGOMEEY, May 6, 1861.
Governor Thomas O. Moore,

New Orleans:
Besides the two regiments ordered to Virginia, I will take two other
regiments to go into camp of instruction, provided they are willing to
be mustered into service for the war. Answer.

L. P. WALKER.

The State of North Ca/rolina to the Hon. Thomas L. Clingman,

greeting :

We, reposing special trust and confidence in your integrity and
ability, do by these presents appoint you a commissioner to represent
the State of North Carolina at the Government of the Confederate
States of America, in pursuance of the accompanying resolution of
the General Assembly of our said State of North Carolina,* and in aU
things to exercise the duties and powers of said mission according to
the intent and meaning of said resolution, and according to your best
judgment and discretion — never failing, however, to express for said
Confederate States the sympathy of our State of North Carolina, and
her determination to link her fortunes with theirs, and to draw the
sword in the common defense of our liberties.

In testimony whereof His Excellency John W. Ellis, our Governor,
captain-general and commander-in-chief, hath signed wifh his hand
these presents and caused our great seal to be affixed thereto.

Done at the city of Raleigh on the 6th day of May, A. D. 1861, and
in the eighty-fifth year of our independence.

By the Governor;

JOHN W. ELLIS.

AN ACT to submit to a vote of the people a declaration of independence, and for

other purposes.

Section 1. Be it enacted by the General Assembly of the State of
Tennessee, That immediately after the passage of this act the Gov-
ernor of this State shall, by proclamation, direct the sheriffs of the

*Not found.
19 R R — SERIES IV, VOL I

290 COEEESPONDENCE, ETC.

several counties in this State to open and hold an election at the vari-
ous voting precincts in their respective counties on the 8th day of
June, 1861; that said sherifEs, or in the absence of the sheriffs the
coroner of the county, shall immediately advertise the election con-
templated by this act; that said sherifEs appoint a deputy to hold said
election for each voting precinct, and that said deputy appoint three
judges and two clerks for each precinct. And if no officer shall, from
any cause, attend any voting precinct to open and hold said election,
then any justice of the peace, or in the absence of a justice of the
peace any respectable freeholder, may appoint an ofllcer, judges, and
clerks to open and hold said election. Said officers, judges, and
clerks shall be sworn as now required by law, and who after being so
sworn shall open and hold an election, open and close at the time of
day and in the manner now required by law in elections for members
to the General Assembly.

Sec. 2. Be it further enacted, That at said election the following
declaration shall be submitted to a vote of the qualified voters of the
State of Tennessee for their ratification or rejection :

DECLARATION OF INDEPENDENCE AND OEDINANCE dissolviDg the federal Telationa
between the State of Tenneseee and the United States of America.

First. We, the i)eople of the State of Tennessee, waiving any expression of
opinion as to the abstract doctrine of secession, but asserting the right, as a free
and independent people, to alter, reform, or abolish our form of government in
such manner as we think proper, do ordain and declare that all the laws and ordi-
nances by which the State of Tennessee became a member of the Federal Union
of the United States of America are hereby abrogated and annulled, and that all
obligations on our part be withdrawn therefrom; and we do hereby resume all
the rights, functions, and powers which by any of said laws and ordinances ^were
conveyed to the Government of the United States, and absolve ourselves from all
the obligations, restraints, and duties incurred thereto; and do hereby henceforth
become a free, sovereign, and independent State.

Second. We furthermore declare and ordain that article 10, sections 1 and 2, of
the constitution of the State of Tennessee, which requires members of the Qien-
eral Assembly and all of&cers, civil and military, to take an oath to support the
Constitution of the United States be, and the same are hereby, abrogated and
annulled, and all parts of the constitution of the State of Tennessee making citi-
zenship of the United States a qualification for office and recognizing the Consti-
tution of the United States as the supreme law of this State are in like manner
abrogated and annulled.

Third. We furthermore ordain and declare that all rights acquired and vested
under the Constitution of the United States, or under any act of Congress passed
in pursuance thereof, or under any laws of this State, and not incompatible with
this ordinance, shall remain in force and have the same effect as if this ordinance
had not been passed.

Sec. 3. Be it further enacted. That said election'shall be by ballot;
that those voting for the declaration and ordinance shall have written
or printed on their ballots "Separation," and those voting against it
shall have written or printed on their ballots "No separation;" that
the clerks holding said election shall keep regular scrolls of the voters
as now required by law in the election of members to the General Assem-
bly; that the clerks and judges shall certify the same, with the num-
ber of votes for ' ' Separation " and the number of votes ' ' No separation. "
The officer holding the election shall return the same to the sheriff
of the county, at the county seat, on the Monday next after the election.
The sheriff shall immediately make out, certify, and send to the Gov-
ernor the number of votes polled, and the number of votes for "Sep-
aration" and the number "No separation," and file one of the original
scrolls with the clerk of the county court; that upon comparing the

CONFEDERATE AUTH0EITIE8. 291

vote by the Governor, in the oflBce of the secretary, of state, which
shall be at least by the 24th day of June, 1861, and may be sooner if
the returns are all received by the Governor, if a majority of the
votes poUed shall be for "Separation," the Governor shaU by his
proclamation make it known and declare all connection by the State
of Tennessee with the Federal Union dissolved, and that Tennessee
is a free, independent Government — free from all obligations to or
connection with the Federal Government. And that the Governor
shaU cause the vote by counties to be published, the number for
"Separation" and the number "No separation," whether a majority
votes for "Separation" or "No separation."

Sec. 4. Be it further enacted. That in the election to be held under
the provisions of this act, upon the declaration submitted to the peo-
ple, all volunteers and other persons connected with the service of
this State, qualified to vote for members of the Legislature in the
counties where they reside, shall be entitled to vote in any county
in the State where they may be in active service, or under orders, or
on parole, at the time of said election, and all other voters shall vote
in the county where they reside, as now required by law in voting for
members to the General Assembly.

Sec. 5. Be it further enacted, That at the same time and under the
mles and regulations prescribed for the election hereinbefore ordered,
the following ordinance shall be submitted to the popular vote, to wit:

AS OKDnHAHCB for the adoption of the Constitntiou of the Provisional GrOTemment of the Con-
federate States of America.

We, the people of Tennessee, Bolemnly imi>re88ed by the perils which snrround
us, do hereby adopt and ratify the Constitution of the Provisional Government
of the C!onfederate States of America, ordained and established at Montgomery,
Ala. , on the 8th day of February, 1861, to be in force during the existence thereof
or until such time as we may supersede it by the adoption of a permanent
constitution.

Sec. 6. Be it further enacted, That those in favor of the adoption
of said Provisional Constitution, and thereby securing to Tennessee
equal representation in the deliberations and councils of the Confed-
erate States, shall have written or printed on their baUots the word
"Representation;" those opposed, the words "No representation."

Sec. 7. Be it further enacted, That in the event the people shall
adopt the Constitution of the Provisional Government of the Confed-
erate States at the election herein ordered, it shall be the duty of the
Governor forthwith to issue writs of election for delegates to repre-
sent the State of Tennessee in the said Provisional Government; that
the State shall be represented by as many delegates as it^as entitled
to members of Congress to the recent Congress of the United States
of America, who shall be elected from the several Congressional dis-
tricts as now established by law, in the mode and manner now pre-
scribed for the election of members of the Congress of the United
States.

Sec. 8. Be it fvHher enacted. That this act take effect from and
after its passage.

W. C. WHITTHORNE,
Speaker of the House of Representatives.
B. L. STOVALL,

Speaker of the Senate.

Passed May 6, 1861.

292

CORRESPONDENCE, ETC.

General. Ori>ers, 1 War Department,

> Adjt. and Insp. General's Office,
No. 7. ) Montgomery, May 7, 1861.

In honor of the official announcement of the secession of the States
of Arkansas and Tennessee, and their adherence to this Confederacy,
a salute of ten guns for each will be immediately fired in front of the
Government btiilding.
By command of the Secretary of War :

S. COOPER,
Adjutant and Inspector General.

Statement of small-arms on hand at the different arsenals when taken possession

of by the several States.

UTamw of arsenals.

SB
® ■

•s .

III
1^^

-"1
D

5 =

Baton Ronge

1,099
20
646

972

29. 222

al7,370

18,723

20,000

8,283

2,158
2,032
2,800
2,000

2,237

735

2,075
33
300

468

47, 372
19,455

22, 469

22, 714

Little Kock (reported) .
Fayetteville (reported) .

Total

10,000

37,000

.. ..

1,765

972

85,315

8,283

8,990

3,001

735

2,408

468

159,010

a A portion of the arms at the arseoal had already heen removed at the date of the report rendered.
Of cartridges for email-arms, there are on hand at all the arsenals, number, 3,200,000. Of mneket and.
rifle powder, there are now on hand, ponnds, 168,000. (This amountof powder will make 1,500,000 car-
tridges.) Of cannon-powder, the supply is nearly all at the forts, with .a small quantity in reserve. Of
fixed ammunition for field batteries, there is enough at Baton Rouge alone to supply ten batteries of
BIX guns each. Of percussion-caps, there are here (750,000 belonging to this State) over 2,000,000, and
there are a good many at the arsenals and bundled with the cartridges. It is understood that the State
of Georgia has 150 tons of saltpeter, with a proportionate quantity of sulphur; this will make quite
200 tons of powder.

J. GORGAS,
Major and Chief of Ordnance.
May 7, 1861.
Hon. F. S. Baetow,

Chairman Convmittee of Military Affairs.

Confederate States of America, War Department,

Montgomery, Ala., May 7, 1861.
Hon. Howell Cobb,

President of the Congress :
SIR: In answer to the inquiry contained in the resolution adopted
by the Congress May 4, asking whether "any measures have been
taken to promote and induce manufactures of arms and of powder
within the States of this Confederacy or elsewhere," I have to state
that until recently reliance was naturally placed on extensive orders
to Northern factories of powder for a supply of that material. As
soon, however, as it became evident that this resource could no longer
be relied on, the attention of the Department was turned toward
obtaining supplies of saltpeter, the only mineral constituent of pow-
der which could be obtained from the soil of this country. Informa-
tion having reached me that deposits of nitrous earth existed in

CONFEDERATE AUTHOEITIES. 293-

certain localities in North Alabama, an agent, Mr. Riddle, has been
dispatched to examine several caves on Little Bear Creek, in Frank-
lin County, and another in Blount County. There is good reason to
believe that his researches will be successful. Ample inducements
have been offered to Mr. Riddle, and will be held out to others, to
engage in the production of niter in these localities should the
deposits warrant it.

It was not known to the Department that powder- works existed
anywhere within the limits of the Confederate States until recently.
A firm of powder manufacturers, whose mill is situated twenty-three
mUes from Nashville, on the south bank of the Cumberland River,
have within a few days past offered their services. They state that
their mill can, in thirty or forty days, be arranged so as to enable
them to produce 1,000 pounds of powder per day. They have a small
stock of brimstone on hand, but no saltpeter. As soon as the saltpeter
and sulphur now understood to be in possession of the State of Georgia
shall be turned over to the Confederate States, it is proposed to employ
this mill at once. The proprietors of these mills, Messrs. Cheatham,
Watson & Co., state that, from examinations made by themselves
during the Crimean war, they are satisfied that an abundant supply
of saltpeter can be obtained from the caves of Middle Tennessee bor-
dering on the Cmnberland Mountains. I have requested them to
send an agent at once to examine these localities at the expense, if
need be, of this Government.

Other mills are said to exist in Tennessee and also in South Caro-
lina. The Department will endeavor to communicate with them as
soon as it can ascertain their localities. In reference to the manufac-
ture of small-arms the prospect is not so satisfactory, and it is prob-
able that the Government will be obliged to initiate st«ps toward the
immediate establishment of a manufactory of this kind of arms. In a
matter of this sort, in which prompt action is vital, I recommend, in
answer to the latter part of the resolution of Congress asking my
opinion as to the action deemed necessary to promote the manufac-
ture of arms and powder, that a comi)etent agent be selected and
sent without delay to England. At London a complete set of
machinery exists, which was made in this country, after the pat-
tern of the machines at Springfield, in the United States. It
would, I think, be no difficult matter to get these machines copied
and executed on the spot with rapidity. Triplicate machines
should be ordered to insure the chances of delivery of at least one
set. For this purpose an additional appropriation of $300,000
may be needed, under the appropriation of ordnance arixi ordnance
stores and supplies, for the three sets of machinery. Should they
all arrive they will, even if not required by the Government, be
easily disposed of. The amount already asked for under the head of
armories and arsenals would also require to be increased by an
item of $75,000 for a suitable building in which to place this machin-
ery at one of our arsenals, or the machinery, when so procured, might
be placed, if thought desirable, in the hands of parties having manu-
facturing facilities, who could give ample security for its application
to the sole uses of this Government. No further action is deemed
necessary to stimulate the production of powder than, perhaps, to
make advances to parties who offer to engage in its production, to
enable them to prosecute researches after saltpeter in remote districts
difficult of access. It might be advisable to offer a bonus of, say, $5

294 CORRESPONDENCE, ETC,

jper barrel of 100 pounds on every barrel produced and received by
the Government within the current year.
Respectfully, your obedient servant,

L. P. WALKER,
Secreta/ry of War.

AN ACT to admit the Commonwealth of Virgmia as a member of the Confederate

States of America.

The Commonwealth of Virginia having, in a convention of her
I)eople, ratified and adopted the Constitution for the Provisional
Government of the Confederate States of America: Therefore,

The Congress of the Confederate States of America do enact, That
the Commonwealth of Virginia be, and is hereby, admitted as a mem-
ber of the said Confederate States, upon an equal footing with the
other Confederate States, under the Constitution for the Provisional
Government of the same.

Approved May 7, 1861.

Confederate States of America, War Department,

Montgmnery, May 7, 1861.
His Excellency A. B. Moore,

Governor of Alabama, &c.:

Sir: I have the honor to inform you that two additional regiments

of infantry are required, one of which shall be a rifle regiment; both,

after being mustered into the Confederate service for the war, to be

placed in a camp of instruction to be designated by this Department.

Very respectfully, your obedient servant,

L. P. WALKER,
Secretary of War.

AN ORDINANCE repealing an ordinance passed on the 21st day of March,

A. D. 1861.

Be it ordained hy the people of the State of Arkansas in convention
assembled, That an ordinance passed by this convention on the 2l8t
day of March, A. D. 1861, entitled "An ordinance to provide for hold-
ing an election in the State of Arkansas for the purpose of taking the
sense of the people of the State on the question oj 'co-operation' or
'secession,'" be, and the same is hereby, in all things repealed.
Adopted in and by the convention May 7, 1861.

DAVID WALKER,
President of the Arkansas State Convention.
Attest.

ELIAS C. BOUDINOT,

Secretary of the Convention.

AN ORDINANCE providing for the signing of the ordinance passed on yester-
day dissolving the political connection theretofore existing between the State
of Arkansas and the Government known as the tinited States of America.

We, the people of the State of Arkansas, now in convention assem-
bled, do hereby ordain, and it is hereby ordained, That the ordinance

CONFEDERATE AUTHORITIES. 295

adopted by this convention on yesterday dissolving the political con-
nection theretofore existing between the State of Arkansas and the
Government known as the United States of America be signed by
the president and attested by the secretary of this convention, and
be also signed by the individual members of this convention, and that
in signing the same there shall be a call of the counties of the State
in alphabetical order, and the delegates of each county shall sign the
same as their respective counties shall be called by the secretary.
Adopted and passed in open convention May 7, A. D. 1861.

DAVID WALKER,
President of the Arkansas State Convention.

Attest.

ELIAS C. BOUDINOT,

Secretary of the Convention.

Montgomery, May 7, 1861.
Governor Joseph E. Brown,

MiUedgeviUe :
I do not wish you to understand me as making it absolutely per-
emptory that the regiment to rendezvous at Macon to-morrow must
be miistered in for the war. Requisition having been made for this
regiment some time ago, it might be unjust to so insist. I hope, how-
ever, they will consent. Hereafter all troops must so agree, as Con-
gress has passed a law to that effect.

L. P. WALKER.

Montgomery, May 7, 1861.
Governor Joseph E. Brown,

MiUedgeviUe :
If it put you to the least inconvenience not to have the regiment
received, I wiUtake it now. I stated that it must come in for the
war. No more troops will be received for any other term of service.
I presume the men will have no objection to this. Captain Cole will
be detailed to muster the troops in. They will be given their orders
in a day or two.

L. P. WALKER

New Orleans, Mao/ 7, 1861.
L. P. Walker:

You called upon me to raise 8,000 twelve-months' volunteers, to be
drilled, equipped, and held in readiness the most perfect, and that
the emergency was so pressing that my attention was particularly
directed to the thorough preparation of these men, especially in regard
to instant capacity to move. Four thousand have been in camp, 1,000
have gone to Virginia, 1,000 will leave in a day or two, and 2,000
remain in camp. Now you ask me to change the terms of enlistment
of the remaining two regiments, if possible, and make them enlist for
the war. This I will not do unless you positively refuse them for
twelve months. When you so refuse, I will make your proposition to
them, and if declined, I will immediately disband them, to the great
detriment of the service, and the responsibility will not rest on me.

THO. O. MOORE,

Governor.

296 COREESPONDENCE, ETC.

Montgomery, May 7, 1861.
Governor Thomas O. Moore,

New Orleans:
I think you are making an objection for the troops which they will
not make for themselves. They will be as willing to muster in for
the war as for twelve months. Try them and see.

L. P. WALKER.

Columbia, S. C, May 7, 1861.
Honorable Secretary op War,

Montgomery :
Sir: I have the honor to report that I made a call for volunteers to
fill the Legion on the 2d instant, and there have been already tenders
of very many more troops than I am authorized to accept. The artil-
lery company is not yet formed, but should there be any delay in get-
ting this up I will, if it meets your approbation, let the men act as
infantry until the battery can be organized. This plan would give
about 750 infantry, who can be ready for service in a very short time.
I propose to inspect such companies as have offered their services, and
to select those that are best prepared for immediate service. They will
then be ordered to rendezvous at this place, to go into camp for the
purpose of drilling. This plan is, of course, subject to your instruc-
tions. My desire is to have the Legion ready at a very early day to
respond to any call you may make on it. By the paper I inclose you
will perceive the terms on which the companies volunteer in this corps.
The cavalry will furnish their own horses and arms, and all will furnish
uniforms. WiUthe Government furnish horses for the artillery? The
company will not be able to furnish them. The number necessary
can be reduced by not making the company horse artillery. The State
has about 200 horses, which are to be sold, and Governor Pickens
oflEered them to me. To expedite the formation of the corps I would
suggest that you have the necessary commissions sent to me in blank;
then, as soon as a company is accepted the officers can receive their
commissions. I will file, of course, a fuU list of each company as
soon as it is received. I think it very important that three lieuten-
ants should be allowed, not only because of the reason already
assigned, but because in such large companies as mine will be they
can aid greatly in drilling and managing the men. I shall await your
instructions here, and I beg you to give me full ones at your earliest
convenience.

I have the honor to be, very resjjectfully, your obedient servant.

WADE HAMPTON.

P. S. — I have sent to England for some rifled cannon and 400 Enfield
rifles.

Executive Department,

Nashville, May 7, 1861.
Gentlemen op the Senate and House op Representatives:

By virtue of the authority of your joint resolution, adopted on the
Ist day of May instant, I appointed Gustavus A. Henry, of the county
of Montgomery, Archibald O. W. Totten, of the county of Madison,

CONFEDERATE AUTHORITIES. 297

and Washington Barrow, of the county of Davidson, "commissioners
on the part of Tennessee, to enter into a military league with the
authorities of the Confederate States and with the authorities of such
other slave-holding States as may wish to enter into it, having in
view the protection and defense of the entire South against the war
that is now being carried on against it." The said commissioners
met the Hon. Henry W. Hilliard, the accredited representative of the
Confederate States, at Nashville, on this day, and have agreed upon
and executed a military league between the State of Tennessee and
the Confederate States of America, subject, however, to the ratifica-
tion of the two governments, one of the duplicate originals of which
I herewith transmit for your ratification or rejection. For many
cogent and obvious reasons, unnecessary to be rehearsed to you, I
respectfully recommend- the ratification of this league at the earliest
practicable moment.

Very respectfully,

ISHAM G. HARRIS.

[Inclosore.].

CONVENTION BETW^EEN THE STATE OP TENNESSEE AND THE CONFED-
ERATE STATES OF A3IEBICA.

The State of Tennessee, looking to a speedy admission into the Con-
federacy established by the Confederate States of America, in accord-
ance with the Constitution of the Provisional Government of said
States, enters into the following temporary convention, agreement,
and military league with the Confederate States, for the purpose of
meeting pressing exigencies affecting the common rights, interests,
and safety of said State and said Confederacy:

First. TTntil the said State shall become a member of said Confed-
eracy according to the constitution of both powers, the whole military
force and military operations, offensive and defensive, of said State,
in the impending conflict with the United States, shall be under the
chief control and direction of the President of the Confederate States,
upon the same basis, principles, and footing as if said State were now
and during the interval a member of said Confederacy, said force,
together with that of the Confederate States, to be employed for the
common defense.

Second. The State of Tennessee wiU, upon becoming a member of
said Confederacy under the permanent Constitution of said Confed-
erate States, if the same shall occur, turn over to said Confederate
States aU the public property acquired from the United States, on
the same terms and in the same manner as the other Slates of said
Confederacy have done in like cases.

Third. Whatever expenditures of money, if any, the said State of
Tennessee shall make before she becomes a member of said Confed-
eracy, shall be met and provided for by the Confederate States.

This convention entered into and agreed [upon] in the city of
Nashville, Tenn., on the 7th day of May, A. D. 1861, by Henry W.
HiUiard, the duly authorized commissioner to act in the matter of the
Confederate States, and Gustavus A. Henry, Archibald O. W. Totten,
and Washington Barrow, commissioners duly authorized to act in
like manner for the State of Tennessee — the whole subject to the
approval and ratification of the proper authorities of both govern-
ments, respectively.

298 CORRESPONDENCE, ETC,

In testimony whereof the parties aforesaid have herewith set their
hands and seals the day and year aforesaid, in duplicate originals.

HENRY W. BILLIARD, [seal.]
Commissioner for the Confederate States of America.

GUSTAVUS A. HENRY,
A. O. W. TOTTEN,
WASHINGTON BARROW,

SEAL.
SEAL.
SEAL.

Commissioners on the part of Tennessee.

JOINT RESOLUTION ratifying the league.

Whereas, a military league, offensive and defensive, was formed on
7th of May, 1861, by and between A. O. W. Totten, Gustavus A.
Henry, and Washington Barrow, commissioners on the part of the
State of Tennessee, and H. W. Hilliard, commissioner on the. part of
the Confederate States of America, subject to the confirmation of the
two governments :

Be it therefore resolved by the General Assembly of the State of Ten-
nessee, That said league be in all respects ratified and confirmed, and
the said General Assembly hereby pledges the faith and honor of the
State of Tennessee to the faithful observance of the terms and condi-
tions of said league.
Adopted May 7, 1861.

W. C. WHITTHORNE,
Speaker of the House of Representatives.
B. L. STOVALL,

Speaker of the Senate.

Memphis, May 7, 1861.
General John L. T. Sneed:

Dear Sik: The Society of Southern Mothers at this place are pre-
pared to render any assistance needed by the soldiers of the South
who may be sick or wounded in the service. They will nurse them
at their own homes, or in rooms provided by themselves for that
purpose, whenever they shall receive intimation through the proper
oflScers for that purpose of the need of such care. Their organization
contemplates the effectual care of the sick and wounded in actual
service by the matrons of the land for whose defense they are in
arms, and we ask of the of&cers in command to point out the way
in which our object may be attained, and to place the sick in our
charge.

I am, sir, respectfully, yours,

S. C. LAW,
President of the Society of Southern Mothers.

Richmond, Va., May 7, 1861.
Maj. Gen. Robekt E. Lee,

Commanding -in- Chief, Headquarters, Richmond:
General : I am informed by the Governor that he expects me to
remain at my post as president of the James River and Kanawha
Company, to aid in maintaining this important line of communica-
tion in the present State emergency. There are many active, reliable,
public-spirited young men who, from various engagements or consid-

TTl iTn/»rtT»i

A 1 +.1 £\T\ o 1 Tin 1 1 i f .n.i»v

CONFEDERATE AUTHOKITIES.

299

service, who nevertheless earnestly desire to bear such part as they
properly can in the military defense of the State. The proclamation
of the Executive of the 3d instant authorizes you " to call out and to
cause to be mustered into the service of Virginia, from time to time,
as the public exigencies may require, such additional number of vol-
unteers as [you] may deem necessary." My object in addressing you
is respectfully to inquire whether you will authorize me to enlist a
field battery of artillery, with the understanding that it is not to be
ordered from the city of Richmond unless upon some special occasion
of attack or defense, and then only to a convenient distance and for
a brief period. In other words, I ask permission to raise a field
battery on the war establishment for the special defense of the capital
of the State.

I would respectfully suggest the following as the composition of the
battery, to wit :

B-p'*TiP'1flrft, moTintrwl ,,.,,....,., ,.

9^pAnfi«)Ar hn^^t7.f>rn, rY)onnt4Hl ,

12-pounderliowitzerB, XDoazkted ................

CaiasoDS for gaiiB . ...

8
4

Caiasons for Dowitzera...... .,

1
1

Ammimitioii ;

For four gnna—

Shot

5«0
224
112

560

160

For two howitMre—

SheUe

896

800

168
112
42

120

160

Caniater

322

312

Total number of rountis

1,218

1 112

Braft-faorseo :

120
10

StiAre horses f 1-121 -

180

Should it please you to grant me the authority herein asked for I
would be glad to make to you, at your convenience, or to some officer
authorized by you, various suggestions on the subject. For your
information I take the liberty of inclosing a copy of a letter which I
addressed to the Governor on the 17th ultimo.

I have the honor to be, general, with great respect, your obedient
servant,

THOMAS H. ELLIS.

300 CORRESPONDENCE, ETC.

[Indorsement.]

Richmond, May 7, 1861.
"We respectfully recommend to Major-General Lee, eommanding-in-
chief , the favorable consideration of the proposition this day submit-
ted to him by Col. Thomas H. Ellis for the formation of a home guard
of field artillery for the defense of the capital of Virginia.

JOHN RUTHERFORD.

ALEX. R. HOLLADAY.

JOHN ROBERTSON.

[And fifteen others.]

[Incloanre.]

Hdqrs. of the Fourth Regiment of Artillery,

Richmond, April 17, 1861.
His Excellency John Letcher,

Governor of Virginia:
Sir : Regarding the late proclamation of the President of the United
States as a declaration of war against the Southern States, I have the
honor, in behalf of myself and the officers and men of my command,
to tender you the services of the Fourth Regiment of ArtHLery of the
Virginia Militia for such military duty, in defense of Virginia and her
sister States of the South, as you may be pleased to assign to us. The
bounds of this regiment, under the law of the State providing for the
public defense, are so extended as to include a considerable portion
of Tidewater Virginia. There has been no occasion since I assumed
the command to muster the regiment, even for instruction ; still less for
resisting a hostile force. I have never, therefore, met a majority of the
companies, nor do I know personally a majority of the officers. Never-
theless, foreseeing some time since in the unhappy divisions of our
country a state of feeling which I apprehended would result in a con-
flict of arms, I addressed a circular to each of the captains of my
command, as well as to the clerk of the circuit and county courts, the
commissioner or commissioners of the revenue, the attorney for the
Commonwealth, and the colonel of the regiment, in each county,
soliciting certain information as to the strength and condition of the
artillery arm in their counties, respectively. From these several
sources I feel authorized to say that while the regiment, in a military
point of view, is greatly disorganized, and, with the exception of the
company in this city, without guns or accouterments, yet that there
is perhaps a unanimous desire on the part of officers and men to
receive suitable equipment and to hold themselves in readiness for
any service which may be required of them by the constituted authori-
ties of the State. In these impressions I am well confirmed by recent
interviews with the lieutenant-colonel, the two majors, and other
commissioned officers of the regiment, non-residents of this city.
Upon the information thus received I feel fully authorized, for and in
behalf of my entire command, to tender their services, as I tender my
own, for the performance, according to our best ability, of any duty
to which you may be pleased to assign us. And I beg leave to remark,
in reference to this particular arm of the service, that the impor-
tance of field artillery must be recognized by all who are familiar with
the topography of the country embraced within the bounds of this
regiment, and its i)eculiar adaptation to the defense of such a region.
Without entering into a recital of the military principles applicable

CONFEDERATE AUTHORITIES. 301

to the case, I will but remind Your Excellency that there is in modem
practice an established proportion between the different species of
arms in an army from which you cannot safely exclude light artil-
lery. I trust that it may be your pleasure to receive the services
which I have the honor thus to tender you, of myself and my entire
command, and that you will direct proper orders for immediately
arming, equipping, and mustering us in such manner as you may
deem conducive to the public weal. Should you, however, from any
consideration, decline this tender made on the part of myself and
the regiment, then, as an alternative, I beg to offer my individual serv-
ices, and to express the hope that you will give me the command of
any artillery force which may be assembled in this city or its vicinity
during the present emergency. On this proposition I have but to
remark that I presume I have been as long connected with the artil-
lery service of our State as perhaps any other ofl&cer now in commis-
sion. In the year 1836 I resigned a captaincy in the line of infantry
to accept the commission of a lieutenant in the Richmond Fayette
Artillery, a volunteer company of this city. From that time to the
present, with the exception of two intervals, the first of about six
months and the second of about eighteen months, during which I was
in Mexico in the diplomatic service of the United States, I have been
regularly in commission, having been elected captain of the Rich-
mond Fayette Artillery in 1842, appointed major of the Fourth Regi-
ment in 1847, lieutenant-colonel in 1851, and colonel in 1855.
I have the honor to be, sir, with great respect, your obedient servant,

THOMAS H. ELLIS,

Colond.

PROCLAMATION by the President of the Confederate States of America.

Whereas, a treaty or convention of alliance, offensive and defensive,
between the Confederate States of America and the Commonwealth
of Virginia, was concluded and signed at the city of Richmond on
the 24th day of April, A. D. 1861, which treaty or convention of alli-
ance is, word for word, as follows:*

And whereas, the said treaty or convention of alliance has been duly
ratified on both parts :

Now, therefore, be it known that I, Jefferson Davis, President of
the Confederate States of America, have caused the said treaty or
convention of alliance to be made public, to the end that the same,
and every clause and article thereof, may be observed ^nd fulfilled
with good faith by the Confederate States and the citizens thereof.

In witness whereof I have hereunto set my hand and caused the
seal of the Confederate States to be aflSxed at the city of Montgomery
this 8th day of May, A. D. 1861.

JEFF'N DAVIS.

By the President:

R. TOOMBS,
Secretary of State.

[May 8, 1861. — For message of President Davis to the Provisional
Congress, relative to the adjustment of difficulties between the United
States and Confederate States, see Series I, Vol. LIII, p. 161.]

*See inclosure No. 4, Stephens to Toombs, April 35, 1861, p. 243.

302 CORRESPONDENCE, ETC.

AN ACT to raise an additional military force to serve during the war.

TTie Congress of the Confederate States of America do enact, That
in addition to the volunteer force authorized to be raised under exist-
ing laws, the President be, and he is hereby, authorized to accept the
services of volunteers who may offer their services, without regard to
the place of enlistment, either as cavalry, mounted riflemen, artillery,
or infantry, in such proportion of these several arms as he may deem
expedient, to serve for and during the existing war, unless sooner
discharged.

Sec. 2. That the volunteers so offering their services may be accepted
by the President in companies, to be organized by him into squadrons,
battalions, or regiments. The President shall appoint all field and
staff ofl&cers, but the company officers shall be elected by the men
composing the company; and, if accepted, the officers so elected shall
be commissioned by the President.

Sec. 3. That any vacancies occurring in the ranks of the several
companies mustered into service under the provisions of this act may
be filled by volunteers accepted under the rules of such companies;
and any vacancies occurring in the officers of such companies shaU be
filled by elections, in accordance with the same rules.

Sec. 4. Except as herein differently provided, the volunteer forces
hereby authorized to be raised shall in all regards be subject to and
organized in accordance with the provisions of "An act to provide
for the public defense," and all other acts for the government of the
armies of the Confederate States.

Approved May 8, 1861.

Circular.] War Dept., Adjt. and Insp. Gen.'s Office,

Montgomery, May 8, 1861.
The demands upon the arsenals and depots charged with the supply
of war material for the Army are so numerous and pressing that
proper discretion in reference to the amount of their requisitions
must be exercised by officers in command of troops. These requisi-
tions must for the present be limited to the smallest quantities com-
patible with their wants.

By order of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Executive Department,

Mvatgomery, Ala., May 8, 1861.
Hon. L. P. Walker,

Secretary of War:

Sir: I have the honor to acknowledge the receipt of your communi-
cation of yesterday in which you inform me that "hereafter the pub-
lic exigencies wiU require all regiments, battalions, and companies
to be raised and mustered into the Confederate service for the war."
That there may be no misunderstanding as to the true intent and
meaning of your communication, please inform me whether it is
intended to embrace companies already raised, but not ordered out,
under the requisitions for 3,000 and 5,000 troops. These requisitions
were filled a week before the date of your communication, and under

CONFEDERATE AUTHORITIES. 303

requisitions calling for troops for twelve months. If it be intended
to include the companies referred to, I seriously apprehend that many
of them will decline to go in for the war. I have already had indica-
tions that this will be the case, hence the importance of my being fully
advised in the premises before any further action is taken.
Very resjwctf ully,

A. B. MOORE.

Columbia, May 8, 1861.
His Excellency President Davis:

My Dear Sir: I see that you make a call for 3,000 more troops
from this State, and I write to say that if you think it desirable I can
easily add to the strength of the Legion. In answer to my call, made
on the 2d instant, there have already been offers of more than double
the number of companies asked for. I can, therefore, easily increase
the infantry companies of the Legion, and have a full regiment, if
you wish it. My only doubt was as to the infantry, as I knew that
10,000 men were now in camp and 2,000 in Virginia, but the response
has been most prompt and gratifying. Of cavalry, more than enough
to fill the Legion has offered.

I have not accepted any companies yet, and I propose to inspect all
in a few days, selecting the best. I hope thus, in a very short time,
to be able to present to Your Excellency a corps of which my State
will never be ashamed. I can easily, I think, have several more
infantry companies, if you wish them. Any number can be had if
they can only feel assured that their steps are to be turned north-
ward. The terms on which companies enter this service you will see
by the inclosed paper.*

With my best wishes, I am, very respectfully, your obedient servant,

WADE HAMPTON.

[Inolosnre.]

Hve Hampton Legion.

The Hampton Legion is progressing favorably, and in some of the
arms of service the only difficulty will be in selecting the complement
from the number of applications. The colonel, Wade Hampton, and
lieutenant-colonel, B. J. Johnson, are so well known that all our
young men who seek honorable service are eager to be enrolled under
their command. In response to many inquiries we have obtained
from Colonel Hampton a fuU statement of the purpose, flbjects, and
proposed organization, to which we invite attention :

Editors Coubier:

As various inquiries have been made in reference to the Legion which the Presi-
dent has honored me with a commission to raise, I beg you to allow me to give
through your paper such information as may be necessary to those who wish to
enlist in this corps.

The object of those who are engaged in this matter is to raise an independent
legion, to consist of six companies of infantry or voltigeurs, four of cavalry, and
one of flying artillery, the field officers to be appointed by the President and each
company to elect its own officers, who will then receive commissions from the
President.

As soon as the organization of this corps is complete it will be received into the
Provisional Army of the Confederate States for one year, unless its services
should not be required for so long a time, in which case the President can disband

• Clipping from The Courier, Friday morning, May 3, 1861.

304

CORRESPONDENCE, ETC.

it. The Legion is to serve wherever it may be ordered by the President, and is to
be on precisely the same footing, except as to its peculiar organization, as the rest
of the Provisional Army. The cavaLn^ vrill furnish their own horses and, as far
as possible, their own arms and eqtdpments. Each man must have a saber and
two Colt pistols. Shonld any horses oe lost in the service they will be paid for.

The infantry I wish armed with Enfield rifles, and the Gtovemor luts kindly
promised to famish them as far as he is able to do so, and he will also provide
the battery. As soon as the companies report themselves ready for duty they
will be ordered into camp for the purpose of drilling together. It is very desira-
ble to have this corps ready at an early day, as I have every reason to hope that it
will at once be ordered into active service. I annex a tabular statement, giving
the complete organization of the Legion, and one shovringthe rate of pay. Any
one desiring farther information on this subject can apply to Lieut. Ool. B. J.
Johnson, Charleston, or to myself, at Colombia.

WADE HAMPTON.

Project for the organization of a legionary force of South Carolina troops.

OrganizatiOB.

■oJ

Nnmber of companies.

Colonel

laeotenautKxilonel

A4jntflnt.

Sergeant-m^jor

Principal mnsician

Qnartennaster-sergesnt

Captains

First lientenants

Second lientenanta

Sergeanta

Corporals -

AroflceTS

Farriers and blacksmiths

Buglers ■-

Privates

Commissioned officers

Xon-commissioned officers, artificers, mnsicians, and privates.:

5
4
2
2
2

100
5

115

4
3

296
12

340

Total.

Aggregate

115

120

362

540

600

11
1
1
1
1
1

936

1,056

1,095

Statement of amount to pay officers, ^c.,per month.

Sank.

2-S

.Si

i2i

One colonel

One lientenont-colonel

Onem%jor

One adjutant (first lieutenant) .

One sergeant-mjgor

One quartermaster-sergeant . . .

One principal musician

One captain

Two first lieutenants

Two second lieutenants

One sergeant

four sergeants

Poar corporals

Two artificers

Two farriers

Two buglers

One blacksmith

Privates

Musicians

(195
170
150
100
21
21
12

«130
90
80
20
17
13
13
13
12

«140
100
90

$130
90
80
20
17
13

11
12

CONFEDERATE AUTHORITIES. 305

This movement has the cordial approval and sanction of Governor
Pickens, which will be seen from the following letter, which we publish
at the request of Lieutenant-Colonel Johnson :

Confederate States of America, War Department,

Montgomery, April S7, 1861.
Sir: I have said to Col. "Wade Hampton that I woiild accept the regiment with
legionary formation which he proposes to raise according to the schedule which
he has, if it would be agreeable to Your Excellency. If so, I will make the
requisition.

I have the honor to be, with great respect, your obedient servant,

L. P. WALKER.

State of South Carolina, Executive Department,

Charleston, April SO, 1861.
The Secretary of War for the Confederate Government, at Montgomery, under
date of April 27,having agreed to accept a regiment of legionary formation, under
Col. Wade Hampton, if it would be agreeable tome, I hereby state that it will not
only be agreeable to me but I will take great pride in it, as no one could with
more propriety be selected as commander of such a force than Colonel Hampton.
I will contribute everything in my power to aid in its formation by famishing
such arms as may be at my disposal, and also in allowing any privileges consist-
ent with the public service. The memorandum or tabular statement as to the
nature of the service, which is hereunto attached, has my unqualified approba-
tion; and when the regiment is formed I will be rejoiced to meet any requisition
the Secretary of War may make. This force is expressly intended as a branch of
the Provisional Army under the Confederate Government, and the commissions
of the officers will be from the President of the Confederate Government. It is
understood that the cavalry are to furnish their own horses and equipments, and,
as far as possible, their arms. It is intended to be an independent corps, ready
for service anywhere.

F. W. PICKENS.

Lynchburg, Va., May 8, 1861.

Hon. L. P. Walker,

Montgomery, Ala.:
My Dear General: The Reverend Mr. Chadick, a member of
Captain Tracy's company, now encamped here, requests me to mention
his name favorably to you for the chaplaincy of the Fourth Regiment
of Alabama Volunteers. He is under the impression provision for
such appointments has been made by a late act of Congress. I
recommend him willingly because he is actuated in coming hither by
patriotic feeling and for the further reason that his appointment, it
is believed, is desired by a large number of the regiment. I am
working very hard mustering in troops as fast as possible after their
arrival. I find some of them very deficient in arms and accouter-
ments and in tents. They are raw, wild, undisciplined Democrats,
on a frolic, as many of them think, and commanded in many instances
bj' inefficient and inexperienced officers. I must do our Third Alabama
Regiment the justice to except them from such a charge. It is com-
posed of the very best material, and there are eight out of the ten
companies well disciplined and well officered. I understand there is
great dissatisfaction in Virginia because of the military condition of
the State. No one seems to have control, and consequently there are
conflicting commands. It is thought Lee is too slow and fearful of
responsibility, and I know from the orders sent from Richmond to
State officers here that there is required some man who will bring
order out of confusion. I wrote you a line a few days since which I
trust has been received. Will you bear in mind the request theu

20 B R — series IV, VOL I

306 CORRESPONDENCE, ETC.

made as to my official connection when the special duty assigned me
at this place shall have ended ?

Asking to be presented respectfully and kindly to Mrs. Walker,
although she would not say farewell to me,

I am, respectfully and truly, your friend,

H. L. CLAY.

AN ORDINANCK to appropriate money to advance to volunteers for the use of

the Confederate troops.

Be it ordained by the people of the State of Arkansas in convention
assembled, That $10,000 be appropriated, out of any money in the
treasury unappropriated, to be paid to the colonel of the regiment of
volunteers now being organized in the State of Arkansas for the Con-
federate States, and to be by him advanced to said volunteers in
sums of $12 to each private and non-commissioned officer.

Be itfv/rther ordained, That said sum shall be advanced as a loan,
and be repaid by said volunteers out of the first payment made U)
said volunteers by the Confederate States, and the colonel of said
regiment is hereby made an agent to collect and transmit the same to
the treasury of this State.

Be it further ordained. That upon the receipt of said sum of money
by the colonel of said regiment he shall execute a receipt acknowledg-
ing the same, and engaging to use all reasonable exertions to collect
from said volunteers the said sum of money and pay it into the State
treasury.

Be it further ordained, That the said colonel shall take receipts
from said troops for said sums advanced, promising to refund the
same out of the first payments as aforesaid.

Adopted in and by the convention on the 8th day of May, A. D. 1861.

DAVID WALKER,
President of the Arkansas State Convention.

Attest.

ELIAS C. BOUDINOT,

Secretary of the Convention.

Confederate States of America, War Department,

Montgomery^ May 8, 1861.
His Excellency Joseph E. Brown,

Governor of Georgia:
Sir: In reply to your letter of May 6, inclosing requisitions for
clothing for the Georgia companies at Pensacola, I have to say there
resides in this Department no remedy for the evils of which you com-
plain. I cannot act save by the authority of law, and under the law
volunteers in the Confederate service furnish their own clothing and
receive therefor commutation. The provisions of the law are plain
and positive, as follows, to wit :

Said volunteers shall furnish their own clothing, ♦ * * and when called
into actual service, and while remaining therein, * * * instead of clothing,
every non-commissioned ofl&cer and private shall be entitled to money in a sum
equal to the cost of clothing of a non-commissioned ofl&cer or private in the Begu-
Iju: Army of the Confederate States.

CONFEDERATE AUTHORITIES. 307

Your Excellency will thus perceive that, however profound my
sympathies may be with our gallant volunteers, I have no discretion-
ary power by which I can supply clothing to the Georgia troops. The
law, in fact, was intended, in view of the pressing exigencies demand-
ing a large force in the field, without an organized quartermaster
establishment, to supply the very deficiency that you bring as a
charge against the service.

I have the honor to be, very respectfully, your obedient servant,

L. P. WALKER.

New Orleans, La., May 8, 1861.
President Jepperson Davis:

Application is made to me to allow shipments of turpentine and
rosin to New York. Shall I permit it ?

THO. O. MOORE.

Note. — ^Answered no, because munitions of war.

. J. D.

New Orleans, May 8, 1861.
L. P. Walker:

My opinion is unchanged. I will not make an experiment which
may fail. Your order to reject those enlisted under your instructions
must be unqualified if you desire your new views carried out.

THO. O. MOORE.

A RESOLUTION in reference to money in the hands of the Superintendent of
Indian Affairs and Indian agents.

Resolved, That no money or property of any kind whatever, now
in the hands of the Superintendent of Indian Affairs or of any Indian
agent, being placed there or designed for the Indians on the western
frontier of Arkansas, shall be seized, but that the same shall so
remain to be applied for and to the use of the several Indian nations
faithfully, as was designed when so placed in their hands for dis-
bursement ; and the people of the State of Arkansas, here in sovereign
convention assembled, do hereby pledge the sovereignty of the State
of Arkansas that everything in their power shall be done to compel a
faithful application of all money and property now in^the hands of
persons or agents, designed and intended for the several Indian tribes
west of Arkansas.
Adopted in and by the convention May 9, 1861.

DAVID WALKER,
President of the Arkansas State Convention.
A.tte8t.

ELIAS C. BOUDINOT,

Secretary of the Convention.

AN ORDINANCE to authorize the Government to commission certain military
officers, and for other purposes.

Be it ordained by the people of the State of Arkansas in convention
assembled, That the Governor of the State of Arkansas is hereby

308 COREESPONDENCE, ETC.

authorized to commission all officers elected for the volunteer regi-
ment No. 1, without regard to any law of the State of Arkansas con-
cerning elections, upon the presentation to him of the names of said
officers and their grades of office; and so soon as they are commis-
sioned he will tender said regiment to the President of the Confed-
erate States, to be employed under his command as a regiment of the
Confederate States.
Adopted in and by the convention May 9, 1861.

DAVID WALKER,

President of the Arkansas State Convention.
Attest

ELIAS C. BOUDINOT,

Secretary of the Convention.

A RESOLUTION for the election and commission of officers for the military
companies now at Hopefield.

Be it resolved by the people of Arkansas in convention assembled,
That the officers and private soldiers of the several volunteer com-
panies now at or near Hopefield, in the service of the State, shall
be, and they are hereby, authorized to form themselves into a regi-
ment, to be called the Second Regiment of Arkansas Volunteers, and
to elect therefor one colonel, one lieutenant-colonel, and one major,
which election shall be held by such persons as the captains of com-
panies shall select, and shall be certified to the Governor, who shall
immediately issue commissions to the officers elected, as well as to the
various officers of the line of such regiment. And the colonel of
such regiment shall appoint his own staff officers, including one sur-
geon and an assistant surgeon.
Adopted and passed by and in the convention May 9, 1861.

DAVID WALKER,
President of the Arkansas State Convention.
Attest.

ELIAS C. BOUDINOT,

Secretary of the Convention.

Montgomery, May 10, 1861.
The Congress of the Confederate States of Ajuerica:

It is with sincere pleasure that I inform you that the government
of North Carolina has accredited the Hon. Thomas L. Clingman as
commissioner to represent that Commonwealth near the Government
of the Confederate States. Mr. Clingman presented to me this day
his letters of credence, and I received him in a manner corresponding
to his station and the high purpose of his mission. It afforded me
much gratification to receive from Mr. Clingman the assurance which
he was instructed by his government to convey to me of the determina-
tion of his State "to link her fortunes with those of the Confederate
States, and to draw the sword in the common defense of our liberties."
This proof of North Carolina's sympathy, and this promise of her
early union with the Confederate States, are the more signal because
conveyed by one of such high station and reputation as Mr. Clingman.

JEFF'N DAVIS.

310 CORRESPONDENCE, ETC.

Sec. 4. Be it further ordained. That this ordinance take effect and
be in force within the limits and over the State of Arkansas as soon as
the Congress of the Confederate States of America shall admit this
State into the Confederacy thereof upon terms of equality with the
other States thereof.

Adopted and passed in the convention May 10, A. D. 1861.

DAVID WALKER,
President of the Arkansas State Convention.
Attest.

ELIAS C. BOUDINOT,

Secretary of the Convention.

AN ACT to make further provision for the public defense.

Whereas, war exists between the United States and the Confederate
States; and whereas, the public welfare may require the reception of
volunteer forces into the service of the Confederate States without the
formality and delay of a call upon the respective States : [Therefore,]

The Congress of the Confederate States of America do enact. That
the President be authorized to receive into service such companies,
battalions, or regiments, either mounted or on foot, as may tender
themselves, and he may require, without the delay of a formal call
upon the respective States, to serve for such time as he may prescribe.

Sec. 2. Such volunteer forces who may be accepted under this act,
except as herein differently provided, shall be organized in accordance
with and subject to all the provisions of the act entitled "An act to
provide for the public defense," and be entitled to all the allowances
provided therein ; and when mustered into service may be attached to
such divisions, brigades, or regiments as the President may direct, or
ordered upon such independent or detached service as the President
may deem expedient: Provided, however. That battalions and regi-
ments may be enlisted from States not of this Confederacy, and the
President may appoint all or any of the field officers thereof.

Sec. 3. The President shall be authorized to commission all officers
entitled to commissions of such volunteer forces as may be received
under the provisions of this act. And upon the request of the officer
commanding such volunteer regiment, battalion, or company, the
President may attach a supernumerary officer to each company, detailed
from the Regular Army for that purpose, and for such time as the
President may direct.

Approved May 11, 1861.

AN ACT relative to telegraph lines of the Confederate States.

The Congress of the Confederate States of America do enact. That
during the existing war the President be, and he is hereby, authorized
and empowered to take such control of such of the lines of telegraph
in the Confederate States, and of such of the offices connected there-
with, as will enable him effectually to supervise the communications
passing through the same, to the end that no communication shall be
conveyed of the military operations of the Government to endanger
the success of such operations, nor any commimieation calculated to
injure the cause of the Confederate States, or to give aid and comfort
to their enemies.

CONFEDERATE AUTHORITIES. 309

Aif ACT to amend "An act to provide for the public defense," approved March

6, 1861.

The Congress of the Confederate States of America do enact, That
the President may receive into the service of the Confederate States
any company of light artillery, which by said act he is authorized to
do, with such complement of officers and men, and with such equip-
ments as to him shall seem proper, anything in said act of the sixth
of March, eighteen hundred and sixty-one, to the contrary notwith-
standing.

Approved May 10, 1861.

A RESOLUTION in regard to military expenditvires made by the State of South

Carolina.

Resolved by the Congress of the Confederate States of America, That
the expenditures made by the State of South Carolina for the pay and
maintenance of the troops employed in the defense of Charleston
Harbor, under the command of Brigadier-General Beauregard, were
intended to be provided for by an act making appropriations for the
support of 3,000 men for twelve months, to be called into service at
Charleston, S. C. , under the third and fourth sections of an act of the
Congress to raise provisional forces for the Confederate States of
America, and for other pui-poses; and that the amount of such expen-
ditures be audited by the proper officer of the Treasury Department,
and that the amount which shall be found due be paid to the State
of South Carolina from the appropriation made by the act aforesaid.

Approved May 10, 1861.

AN ORDINANCE to adopt the Provisional Constitution of the Confederate States

of America.

Section 1. Be it ordained by the people of Arkansas in convention
assembled, That the Constitution of the Confederate States of America,
made and adopted at Montgomery, in the State of Alabama, by the
deputies of the States of South Carolina, Georgia, Florida, Alabama,
Mississippi, and Louisiana, and afterward adopted by the people of
the State of Texas, for the provisional government of the States adopt-
ing the same, and all ordinances, laws passed, and acts done, not
locally inapplicable, in pursuance thereof, shall be, and the same are
hereby, ratified and adopted by the people of Arkansas, and declared
to be in full force and effect within this State.

Sec. 2. Be it further ordained. That five delegates, to be elected by
this convention, shall be, and they are hereby, constituted and
appointed the deputies of Arkansas to the Provisional Congress of
the Confederate States of America, with all the powers and authority
vested in the deputies of other States in said Congress.

Sec. 3. Be it further ordained, That it shall be the duty of the sec-
retary of this convention to furnish said deputies with a copy of the
ordinance passed on the sixth day of May, Anno Domini eighteen
hundred and sixty-one, by this convention, dissolving the political
connection between the State of Arkansas and the Government of the
United States of America, and also a copy of this ordinance, which
said copies shall be signed by the president and attested by the
secretary of this convention.

CONFEDERATE AUTHORITIES. 311

Sec. 2. The President shall appoint trustworthy agents in such
offices and at such points on the various lines as he may think fit,
whose duty it shall be to supervise all communications sent or passing
through said lines, and to prevent the transmission of any communi-
cation deemed to be detrimental to the public service.

Sec. 3. In case the owners and managers of said lines shall refuse
to permit such supervision, or shall fail or refuse to keep up and con-
tinue the business on said lines, the President is hereby empowered
to take possession of the same for the purposes aforesaid.

Sec. 4. The President shall from time to time issue instructions to
the agents so appointed, and to the operators of the various lines, to
regulate the transmission of communications touching the operations
of the Government, or calculated to aflfect the public welfare.

Sec. 5. That the President, at his discretion, may employ the oper-
ators of the lines as the agents of the Government, so that in this, as
in all other respects, there may be as little interference with the busi-
ness and management of such lines as may be compatible with the
public interest.

Sec. 6. That the compensation of the agents appointed under this
act, where such agents are not officers of the company, and the
expense attending the execution of the provisions of this act, shall
be paid out of the Treasury.

Sec. 7. That no communications in cipher, nor enigmatical or other
doubtful communication, shall be transmitted, unless the person send-
ing the same shall be known to the agent of the Government to be
trustworthy, nor until the real purport of such communication shall
be explained to such agent.

Sec. 8. That the President is hereby authorized, whenever it may
be found necessary or advisable for the successful prosecution of the
war, to extend existing lines of telegraph, or make connections between
the same, the expense of contracting such additional lines to be paid
out of any money in the Treasury not otherwise appropriated.

Sec. 9. That all present and future officers of the telegraph lines
engaged in receiving and transmitting intelligence within the Con-
federate States shall, as soon as practicable after the passage of this
act, or after their appointment, take and subscribe before any judicial
officer of any one of the Confederate States the following oath :

I, A B, do solemnly swear that I will support and maintain the Constitution of
the Confederate States of America, and will not knowingly , directly or indirectly,
transmit through the telegraph any communication or information calculated to
injure the cause of the Confederate States, or to give aid or comfort to their
enemies. . .>

Sec. 10. That if any person shall knowingly send or transmit any
message or communication touching the military operations of the
Government, without the same being first submitted to the inspection
of the agent of the Government, or any message calculated to aid and
promote the cause of the enemies of the Confederate States, he shall
be subject to indictment in the district court of the Confederate States,
and on conviction shall be fined in a sum not less than $500 and
imprisoned for a term not less than one year.

Approved May 11, 1861

AIT ACT in relation to the Confederate loan.

Whereas, under and by virtue of the act to raise money for the sup-
port of the Government, and to provide for the defense of the Conf ed-

312 CORRESPONDENCE, ETC,

erate States of America, approved February 28, 1861, the Secretary of
the Treasury did proceed to offer $5,000,000 of said loan, conformably
to the provisions of said act;

And whereas, in many portions of the Confederate States the cur-
rency was and is composed of notes of banks which have suspended
specie payment, not of necessity, but as a measure of public policy;

And whereas, certain of said banks did agree to redeem in coin or its
equivalent such of their notes as should be paid in by subscribers to
said loan;

And whereas, the Secretary of the Treasury, in view of the exigen-
cies of the times and with a desire to give to the people of all parts of
the Confederate States the opportunity of subscribing to said loan,
did authorize the loan commissioners to receive the notes of the
banks hereinbefore referred to; and to avoid inconvenience and the
risk of transit, has authorized the said loan commissioners to deposit
the moneys received by them in said banks: Now, therefore.

The Congress of the Confederate States of America do enact, That
all of the acts and doings of the Secretary of the Treasury, of his sub-
ordinate ofl&cers, and of the loan commissioners, consistent with the
facts recited in the foregoing preamble, are hereby confirmed and
made valid, any law, usage, or custom to the contrary notwithstand-
ing; and the said Secretary, his subordinate officers, and the loan
commissioners, are hereby authorized to continue so to act in regard
to the said loan, until the whole amount authorized by said act shall
have been f uUy subscribed for, and their duties regarding the same
shall have determined ; and the said Secretary is authorized to make
and continue the deposits of moneys received or to be received on
account of the said loan in any of the said banks; and the Treasurer
of the Confederate States is authorized to draw checks or warrants on
said banks on account of said deposits, payable either in coin or its
equivalent, or in current bank notes, as the Secretary of the Treasury
may direct.

Approved May 11, 1861.

AN ORBINANCE appropriating the domain, public lands, and other property
which belonged to the Government of the United States in this State on the 6th
day of May, A. D. 1861, and for other pnrposes.

1. Be it ordained by the people of the State of Arkansas in convention
assembled, That the domain, public lands,' and other property which
belonged to and vested in the Government of the United States,
situate in this State, 6n the 6th day of May, A. D. 1S61, be, and the
same are hereby, appropriated to the State of Arkansas, as the domain,
public lands, and property of said State, to be hereafter disposed of,
applied, and appropriated as the other domain, public lands, and
property of this State, hereby declaring that all the right, title, and
claim which heretofore vested in the said Government of the United
States of, in, and to said domain, public lands, and other property
now vest in and belong to the State of Arkansas, subject to be dis-
posed of as may be hereafter provided by this convention or the
General Assembly of this State; saving, however, those who may
have acquired any rights under the laws heretofore existing all such
rights.

2. Be it fwrther ordained. That the deputies or delegates who have
heretofore been elected by this convention to the Provisional Congress

CONFEDERATE AUTHORITIES. 313

of the Confederate States of America be, and they are hereby, instructed
and commissioned, and for that purpose they are hereby clothed with
full power and authority to cede, convey, or transfer to the Govern-
ment of the Confederate States of America the following grounds,
lands, and property, situate in the State of Arkansas, for the use and
benefit of said Confederate States of America, that is to say: Twenty
acres, including the buildings, of the grounds and lands attached and
belonging to the fort known as Fort Smith, in Sebastian County, and
all the houses, buildings, and appurtenances thereon situate; also the
grounds and lands attached and belonging to the arsenal, situate in
the city of Little Rock, and all the houses, buildings, and appurte-
nances thereon situate; and also the grounds and lands attached and
belonging to the hospital in the city of Napoleon, in Desha County,
and all the houses, buildings, and appurtenances thereon situate:
Provided, however, That said fort, arsenal, and hospital shall be con-
sidered necessary or useful for national purposes : And provided, also.
That said Government of the Confederate States of America shall
receive and admit this State into the Government of the Confederate
States upon the same terms that all the other States have been
received into said Confederacy, and with all the powers, privileges,
and immunities belonging and pertaining to the same and each of
them : And provided, also, That the said fort, arsenal, and hospital
shall be continued to be used for public purposes and national objects :
And provided, also. That the said Government of the Confederate
States of America shall forever and at all times receive into the said
arsenal and safely keep any and all State arms which may be there
deposited, free of cost and expense to this State, and shall also receive
and store into the magazine attached to said arsenal any and all
powder or munitions of war tendered for that, purpose by this State,
without cost or expense.

3. Be it further ordained, That the deputies or delegates aforesaid
be, and they are hereby, limited and restricted in their powers as such
deputies or delegates, as far as may pertain to their power of cession
in the name of this State, to the power of taaking cession of the above
and before herein described grounds, lands, and property, and none
other whatever, and the power hereby conferred upon said deputies
or delegates is confided to them to be exercised or not, in their dis-
cretion.

' 4. Be it further ordained. That if the deputies or delegates afore-
said shall think it expedient or projjcr to cede to the Government of
the Confederate States of America the grounds, lands, and property
aforesaid, and the same are accepted by the said Confederate States,
then and in that event the said Government of the Confederate States
of America shall exercise the same jurisdiction over the said grounds,
lands, and property so to be ceded, that the Government of the United
States of America had exercised and held over the same under the acts
of Congress of the United States and those of the General Assembly
of this State.

Adopted and passed in and by the convention on the 11th day of
May, A. D. 1861.

DAVID WALKER,
President of the Arkansas State Convention.

Attest

ELIAS C. BOUDINOT,

Secretary of the Convention.

314 correspondence, etc.

Executive Department,
MiLledgevUle, Oa., May 11, 1861.
Hon. L. P. Walker,

Secretary of War, Montgomery, Ala. :
Sib: I have the honor to acknowledge the receipt by last mail of
your communication of the 8th instant in reply to mine of the 6th, in
which I am informed that "under the law volunteers in the Confed-
erate service furnish their own clothing and receive therefor commu-
tation. " Will you do me the favor to inform me at what time or stated
periods the commutation is to be paid such troops and how much to
each ? I make this inquiry in the hope that adequate means have
been or will be provided to relieve the necessities of Georgia troops
now in the service of the Confederate States.
I am, sir, very respectfully, &c. ,

JOSEPH E. BROWN.

Headquarters Vikginia Forces,

Richmond, Va., May 11, 1861.
Col. C. DiMMOCK,

Ordnance Department, Virginia Forces:
Colonel: Major-General Lee instructs me to say to you that he
desires you to enlarge your laboratory for manufacturing ammuni-
tion, &c. The troops entering the State are unprovided with ammu-
nition, and are unserviceable without it. We wiU therefore have to
manufacture for them and for the Virginia troops. Three times as
much ammunition as is now made will be required.
I am, &Q.,

R. S. GARNETT,

Adjutantr General.

Montgomery, May IS, 1861.
The Congress of the Confederate States op America:

I lay before Congress, for their consideration and action in relation
thereto, copies of a convention* between the Confederate States and
the State of Tennessee, which was concluded and signed by the com-
missioners of both parties at the city of Nashville on the 7th day of
May, A. D. 1861, and of the ratification and confirmation of the same
by the General Assembly of the State of Tennessee.

'JEFF'N DAVIS.

May 13, 1861.
Hon. L. P. Walker,

Secretary of War of the Confederate States :
Sir: I apprehend, from attention to the subject and inquiry among
intelligent merchants, that the resources of the Southern States can-
not supply the necessities of the Army of the Confederate States with
the essential articles of cloth for uniform clothing, blankets, shoes,
stockings, and flannel. I respectfully suggest that measures be taken
to obtain these articles from Europe. If this suggestion is favorably
regarded, I hope that the importation of the enumerated articles may
be increased in quantity to meet the wants of the volunteers called
into service. The patriotic men who have left their homes for the

CONFEDERATE AUTHORITIES. 315

defense of their country in the present crisis are unaccustomed to
exercise sagacity in providing for the future those articles which hith-
erto have been abundant in the market.

A. C. MYERS,

Acting Quartermaster- Oeneral.

CONFEDBBATE STATES OF AMERICA, SUBSISTENCE DEPT.,

Montgomery, May IS, 1861.
Hon. L. P. Walkeb,

Secretary of War:
SiB: In reply to your request that I should assist in framing an
estimate for the Medical Department of the Army, I submit the fol-
lowing considerations to aid in approximating : A knowledge of the
play of chemical action and of the medical properties by which drugs
may be prepared, compounded, and usefully administered will be of
little avail in this inquiry; nor will the commercial value of the mate-
ria medica avail now, when commerce is stopped between us and the
chief sources of supply — Europe and our enemies — and every article
within our reach must have necessarily enhanced largely. On the
other hand, it is to be borne in mind that our men are young and
robust; that the probable seat of war is a healthful region; that but
few chronic cases, which are the consumers of medicine, are to be
looked for, and a whole class of medicine may be excluded; that all
have homes and such cases should be promptly discharged ; that the
diseases of young, hearty men under exposure are almost always
inflammatory and terminate in speedy death or rapid recovery; finally,
the estimates for forts for which the supply bills are founded involve
obstetrical instruments and medicines for the diseases of women and
children, likewise to be excluded here. It may be assumed that $5
per head, in addition to the rations already estimated for, will include
all expenses for medicines, hospital stores, dressing, instruments, and
other articles. Now, for 100,000 men, at $5 per head, $500,000; one-
sixth off for ten months leaves $416,000. Then deduct 25 per cent.,
as perhaps not more than 75,000 will be the average force during that
time, $312,000.

I am, very resi)ectfully, sir, your obedient servant,
, L. B. NORTHROP,

Ldeutenant- Colonel and Acting Commissary- Generai.

MONTGOMEBY, May IS, 1861.
Governor J. E. Bbown,

MiUedgevUle, Ga.:
If you will let me know what your contract with Tredegar Works
is it is more than probable I will take it.

L. P. WALKER.

Executive Depaetment,
MilledgeviUe, Ga., May IS, 1861.
Hon. L. P. Walker,

Secretary of War, Montgomery, Ala. :
SiB: In reply to your note of the 7th instant, in which you say "I
wish to know if Your Excellency will feel authorized to transfer to

316 CORRESPONDENCE, ETC.

the Confederate Government the sulphur and saltpeter purchased
some time since for the State of Georgia and still in your possession,
provided cash payment be made for it," I would state that I will feel
authorized to make such transfer, provided the Confederate Govern-
ment will at the same time and on the same terms accept the transfer
of all the ordnance, shot, and shell which have been procured by this
State from the Tredegar Works since the beginning of our present
troubles, and also the steamer Huntress, recently purchased from
parties in New York at the price of $15,000, with the necessary attend-
ing expenses incurred in bringing her to Savannah. This steamer
was purchased to be used in our coast defense, but has been as yet
mostly used in transporting troops and military stores between Savan-
nah and the forts and coast below. It is true this steamer is not
altogether such a boat as I would have purchased had I been unlimited
in my selections, but at the time the selection was the best that could
be made, and with some alterations will, it is thought by competent
judges, be useful along our coast and inlets. The ordnance proposed
to be transferred is mostly — I believe entirely — of heavy caliber,
suited only for sea-coast defense ; all which, together with said steamer,
now that the Government of the Confederate States has assumed by
authority all control over the forts and military operations in Georgia,
have become, to the State separately, of no value. Hence I consider
it but just that in transferring the powder materials above alluded to
(and which are now worth, and would undoubtedly command in the
market, a much larger sum than they cost), the Confederate Govern-
ment should accept also the said ordnance, shot and shell, and the
steamer at what they actually cost the State.

If your proposition thus modified shall meet the approval of the
Confederate Government, I shall hold myself in readiness to cause
the transfer to be made at any moment designated. Some days since
I caused to be sent to you by the adjutant and inspector general a
statement of the quantity and cost of the said powder materials, from
which you will perceive they were bought at a low price.

I have the honor to be, very respectfully, your obedient servant,

JOSEPH E. BROWN.

P. S. — The cost of mounting the guns above alluded to of course
will be also taken into the account in making the transfer.

New Orleans, May 13, 1861.
Hon. Edward Sparrow:

Letter received. Get Secretary of War to telegraph me that no
more twelve-months' volunteers than the three regiments now accepted
will be received now or hereafter. Get him to inform me how many
regiments wiU be received for the war. Twenty-five hundred men in
excess of the three regiments are now here and 1,000 in the country
awaiting orders. Major Barnard, U. S. Army, has been ordered to
Ship Island. This is certain.

THO. O. MOORE.

Montgomery, Ala., May IS, 1861.
Governor Thomas O. Moore,

New Orleans:
Your dispatch to General SpaiTow has been received. No more

twelve-months' vnlnntfiArs -w-ill Via r«Afiivf>d from T^oulHiana. Thre«

CONFEDEEATE AUTHORITIES. 317

thousand troops will be received for the war from Louisiana. For
organization, see laws of Congress passed 7th and 9th of May.

L. P. WALKER.

[May 13, 1861. — For Walker to Cooper, authorizing the organization
of a mounted regiment of Choctaw and Chickasaw Indians, see Series
I, Vol. Ill, p. 574.]

New Orleans, May IS, 1861.
L. P. Walker:

Dispatch received. Acts of 7th and 9th of May not reached here.
Three regiments, with their field officers, organized. Will do my best
to get them for the war.

THO. O. MOORE.

Headquarters State op South Carolina,

May IS, 1861.
President op the Confederate States:

My Dear Sir : Adjutant-General Evans tells me that he is going
direct to you, and he wiU explain as to the eighty men in the cavalry
enli.sted for three years, now here. I think they are a fine corps, and
as they are for three years, I think it would be weU for the public
service if you would let me try and retain them, subject to your abso-
lute order at any time either with horses or as infantry. The officers
are willing to be disbanded if you prefer it, although they are fine
men. As to General Dunovant and his staff, appointed over our
regular enlisted forces, he nobly came forward and said that his inter-
ests should not stand in the way a moment, and offers to resign
immediately they were mustered into service, and Major Jones, accord-
ing to order, is now preparing to muster and receive them into the
Confederate Army. I wrote you offering another regiment for Vir-
ginia if you desired, but have received no reply. I will now proceed
to take the eight regiments I have now organized and in actual
encampment, four of them in and around Charleston Harbor, and
propose to have them mustered into the service of the Confederate
Government absolutely and immediately, upon such a plan as wiU
secure you unconditionally for immediate orders at least six regi-
ments, with about 840 men each. Be so kind as to let Major Evans
know if you wiU extend the orders to Major Jones, npw her«, to pro-
ceed forthwith and muster these into service after he has received
the regulars. The medical staff of the regular regiment of infantry
and the battalion of artillery I suppose cannot be technically received
according to act of Congress; but it strikes me that you could imme-
diately issue an order to confirm and reinstate this staff, as there are
only five assistant surgeons, and they have been selected after severe
examination, and been serving for three months, and are eminently
suitable. If you will direct Major Evans it will save much time. I
think I can confidently say I have a battalion of artillery equal to
any in any service.

I have the honor to be, with great respect and esteem, yours,

F. W. PICKENS.

P. S. — I take occasion to say that Colonel Ripley probably may
resign, as I have reason to know, and you will have to put Major

318 COKRESPONDENCE, ETC.

Barnwell at Sumter. If so, the people of Charleston will feel very
uneasy, as Ripley is by far the most efficient and thorough officer
here, and has been working night and day to put Sumter in fighting
order. If a fleet comes in the heavy 10-inch columbiads and Dahl-
gren guns and mortars in the parapet cannot be managed without
some such man as Ripley. I owe him more than any other single
man, and the people of Charleston know it. I merely mention these
things for your private consideration.

F. W. P.

[May 13, 1861. — For Cooper to McCuUoeh, authorizing the organ-
ization of two Indian regiments, <fcc., see Series I, Vol. Ill, p. 575.]

Marion, Ala., May IS, 1861.
His Excellency Jefpekson Davis,

President, &c.:

Sir: I learn that under the policy recently adopted the Confederacy
will not accept the services of any more volunteer companies, unless
for the war, and that imder its operation the twelve-months' volun-
teers not yet mustered into service will be rejected. The convictions
I have, arising from circumstances not perhaps within your knowl-
edge, impel me to regret the extension of this policy to twelve-months'
volunteers raised under your former requisition. Instead of going
into an elaborate argument and trespassing upon your valuable time,
I will state a few facts as they exist in our (Perry) county.

We have some 20,000 slaves in this county, but much the greater
number of our white population own no slaves. The political contro-
versies as heretofore conducted have had the effect of exciting in the
minds of some of the non-slave-holders improper and unfounded jeal-
ousies, and to impress them with the belief that nothing is now in
peril in the prevailing war but the title of the master to his slaves.
And having no sympathy with the slave-holder, numbers of men in
our country taking a grossly erroneous view of the subject, have not
unfrequently declared that thay will "fight for no rich man's slaves."
As a consequence of this sentiment, the two companies of volunteers
from this county, and now in actual service, include in their ranks
but few of the non-slave-holding working class. By some care and
diligence we have partially succeeded in correcfmg these treasonable
sentiments and exciting amongst the laboring classes a desire to
take up arms in defense of their country. And within the last two
weeks three other companies, embracing from 80 to 100 men each,
have been raised in our county and their services been tendered
to and accepted by the Governor under the twelve-months' requi-
sition. These companies are composed almost entirely of men from
"the hills" — ^poor laboring men, who own no slaves and live in non-
slave-holding communities in our county. Expecting to go to the
war they abandoned the service in which they were engaged and went
into camp in order to drill and qualify themselves for the duties of a
soldier. Their ardor being cooled, and in some instances giving way
to impatience by reason of the delay of being mustered into service,
they suddenly find their offer to serve for twelve months rejected.

CONFEDERATE AUTHORITIES. 319

In addition to this it is traitorously whispered into their ears that the
slave-holders can enter the Army and quit it at the end of twelve
months, but if they enter it, it must be for the war, however long its
duration. I leave you to imagine the consequences. While I assure
you it is with the greatest difficulty we can keep them from disband-
ing immediately, I attach no blame to you or to the Government, but
it is, as you see, most unfortunate. The men composing these com-
panies are stout, brave, and able-bodied — the very bone and sinew of
the land. Their acceptance into the service of the Confederate States
upon the terms originally proposed and under which they were raised
would not only secure the aid of some of the best fighting men in our
county, but it would enlist in favor of the war and our Government
the warm sympathies of all their relatives and friends behind, and
would enable them to say with just pride " This war is our war; the
cause is our cause." But I will not enlarge. If the facts stated by
me are not sufficient to induce you to accept these volunteer com-
panies from the operation of the policy resolved upon, I shall conclude
that the considerations by which you may be actuated, though
unknown to me, are entirely sufficient, and my confidence in your
ability and patriotism will not in the slightest degree be abated. I
present these matters to you not with any purpose to intimate to you
that your policy should be changed, but simply that you may have
all the facts before you in coming to your final determination.
I have the honor to be, very respectfully, yours,

WILLIAM M. BROOKS.

AN ACT to authorize the transfer of appropriations.

The Congress of the Confederal States of America do enact. That
during the recess of Congress the President of the Confederate States
may and he is hereby authorized, on the application of the Secretary
of the proper Department and not otherwise, to direct, if in his
opinion necessary for the public seryice, that a jwrtion of the moneys
appropriated for a particular branch of expenditure in that Depart-
ment be applied to another branch of expenditure in the same
Department; in which case a special account of moneys thus trans
fprred shall be laid before Congress during the first week of the nexl
ensuing session.

Sec. 2. This act shall continue and be of force until the end of the
existing war, and no longer.

Approved May 14, 1861.

[May 14, 1861. — For Governor Brown's order forbidding troops to
carry arms out of the State of Georgia, &c., see Series I, Vol. LII,
Part II, p. 97.]

[May 14, 1861. — For correspondence between Davis and Floyd, in
relation to the organization of a brigade of mountain riflemen, see
Series I, Vol. II, p. 838.]

320 CORRESPONDENCE, ETC

Tuesday, May U, 1861*

OPEN SESSION.
*******

Mr. Clingmau laid before Congress the f oUo^ving resolutions adopted
bj' the Legislature of North Carolina, viz:

RESOLUTIONS authorizing tbe Governor to use all the powers of the State, civil and militarj^, con-
sistent with the constitution, to protect the persons and property of our citizens and to maintain
and defend the honor of North Carolina.

Whereas, the Constitution of the United States has been entirely subverted and
its Government has been converted into a military despotism by the usurpations
of the Administration of Abraham Lincoln ; and whereas, the said Abraham
Lincoln has promulgated a proclamation declaring the ports of North Carolina
in a state of blockade and directing our ships engaged in lawful commerce to be
seized ; and whereas, such measures are, by the laws of civilized nations, only to
be resorted to against a foreign State and one against which war has been declared :
and whereas, North Carolina has no alternative, consistent with her safety and
honor, but to accept the position thus assigned to her as that of an independent
and foreign State ; Therefore,

Be it resolved, That the Governor is hereby authorized to use all the powers of
the State, civil and military, consistent with the constitution, to protect the per-
sons and property of our citizens and to maintain and defend the honor of North
Carolina.

A true copy from the minutes of the House of Common.s of North Carolina.

EDWARD CANTWELL,
Clerk House of Commons.

A RESOLUTION to ratify the agreement and convention entered into between
the Commonwealth of Tennessee and the Confederate States of America.

Resolved by the Congress of the Confederate States of America {two-
thirds of the Congress concurring therein), That the Congress advise
and consent to the ratification of the convention and agreement
entered into on the 7th day of May, 1861, at Nashville, Tenn., between
the Commonwealth of Tennessee, by her commissioners, and the
Confederate States of America, by their commissioner, the Hon.
Henry W. Hilliard.

Congress, May 15, 1861.

I, Johnson J. Hooper, Secretary of the Congress of the Confederate
States of America, do hereby certify that the foregoing is a true and
correct copy of a resolution which was unanimously adopted by the
Congress, in executive session, this 15th day of May, 1861.

Given under my hand, the day above written, at the Capitol, in the
city of Montgomery.

JOHNSON J. HOOPER,
Secretary of the Congress.

Executive Department,
Montgomery, Ala., May 15, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: On the 8th instant I sent by your servant a communication of
which the inclosed is a copy,f to which I have received no reply.
Learning this morning from Judge R. W. Walker that j'ou had not

* From Journal of the Provisional Congress.
+ See Moore to Walker. Mav 8. d. 302.

CONFEDERATE AUTHORITIES. 321

received it, I inclose you a copy. Please answer as early as prac-
ticable, as I desire to give the proper notice to the volunteer companies.
Very respectfully,

A. B. MOORE.

Executive Department,
Milledgeville, Qa., May 15, 1861.
Hon. L. P. Walker,

Secretary of War, Montgomery, Ala.:

Sir : Having received conflicting information as to the terms upon
which State volunteer troops will be received into the service of the
Confederate States, I respectfully request you to give me by letter,
as soon as convenient, definite and explicit information on the subject.
I am led to make inquiry in this way because from the unequivocal
tenor of your dispatches of a few days since I was under the impres-
sion tliat none but vohinteers for the war would be received, and
to-day I have been shown a letter from the Secretary of one of the
Departments at Montgomery, stating that the late act is not construed
there as requiring all tenders of service to be for the war, but that it
is considered only cumulative, and does not repeal the old act, under
which troops were received for one year, and that recruits for one
year maj^ be received into the service still, while under the last act
they may be received for during the war. I beg to be informed, if
this is so, can volunteers still be received into the service, regardless
of or under the late law, for the term of one year.

In accordance with the unequivocal import of your late telegram
that the terra of service would hereafter be in all cases for the war,
I issued a circular notice of this fact to all the organized volunteer com-
panies in the State, stating to them that their former tenders of service,
having been made for the term of one year only, had become void bj'
the supposed extension of the term of service, and that if they still
desired service they must renew the tender for the war. To this
order several companies, being anxious for service, have already
responded, renewing their tenders for during the war. While it may
be reasonable to expect that, although the term of service may be
restricted to during the war, our volunteers will with alacrity respond
to whatever calls the Confederate Government shall make, through
the Executive, upon Georgia for troops, provided twelve-months'
volunteers are not accepted also — if this be the case it is apprehended
that no companies will volunteer for the war if otliers are allowed to
enter the service for one year only. I must confess that the conflict-
ing information upon this subject which has reached me has tended
in no small degree to embarrass my operations in receiving tenders
of service from the companies of the State, and it has been a source
of perplexity and annoyance to the volunteers themselves. If troops
will be received for twelve months, then I have no hopes of obtaining
any for a longer term of service, or a very few at most. If none are
to be accepted for a term less than for the war, then I think as many
can be had for that term of service as will be required of Georgia.
An early replj' is respectfully solicited.

I have the honor to be, very respectfully, your obedient servant,

JOSEPH E. BROWN.

21 R R — SERIES IV, VOL, I

322 CORRESPONDENCE, ETC.

Executive Department,

Aiistin, Tex., May 15, 1861.
His Excellency Jefferson Davis :

Sir : An ordinance passed by the late convention of Texas, entitled
"An ordinance to secure the friendship and co-operation of the Choc-
taw, Cherokee, Chiclcasaw, Creek, and Seminole Nations of Indians,"
appointed James E. Harrison and two others to proceed to said
nations and invite their prompt co-operation in the formation of a
Southern Confederacy.

These commissioners, having fulfilled the object of their mission,
present the accompanying report, which indicates a general and pro-
pitious feeling of sympathy with the Confederate States on the part
of those nations.

The active friendship of these nations is of vital importance to the
South, and therefore it is that I constitute Mr. Harrison, Avho was the
leading member of the commission and is thoroughly conversant with
the whole subject, the duly accredited agent of Texas to convey his
report to Your Excellency.

Very respectfully, your obedient servant,

EDWARD CLARK.

[Inclosure.]

His Excellency Edward Clark,

Governor of the State of Texas :

The undersigned, commissioners appointed by the State of Texas to
the Choctaw, Chickasaw, Creek, Seminole, and Cherokee Nations, beg
leave to submit tlie following report:

We started from home on the duty assigned us on the 27th day of
February, 1861 ; crossed Red River and entered the Chickasaw Nation
about thirty miles southwest of Fort Washita; visited and held a
private conference with His Excellency Governor C. Harris and other
distinguished men of that nation, who fully appreciated our views and
the object of our mission. They informed us that a convention of the
Chickasaws and Choctaws was in a few days to convene at Boggy
Depot, in the Choctaw Nation, to attend to some municipal arrange-
ments. We, in company with Governor Harris and others, made our
way to Boggy Depot, conferring privately with the principal men on
our route. We arrived at Boggy Depot on the 10th day of March.
Their convention or council convened on the 11th. Elected a presi-
dent of the convention (Ex-Governor Walker, of the Choctaw Nation) ;
adopted rules of decorum. On tlie 12th we were waited on by a com-
mittee of the convention. Introduced as commissioners from Texas,
we presented our credentials and were invited to seats. The conven-
tion then asked to hear us, when Mr. James E. Harrison addressed
them and a crowded auditory upon the subject of our mission, set-
ting forth the grounds of our complaint against the Government of the
United States, the wrongs we had suffered until our patience had
become exhausted, endurance had ceased to be a virtue, our duty to
ourselves and children demanded of us a disruption of the Govern-
ment tliat had ceased to protect us or regard our rights ; announced
the severance of the old and the organization of a new Government
of Confederate Sovereign States of the South, with a common kindred,
common hopes, common interest, and a common destiny; discussed
the power of the new Government, its influence, and wealth; the
interest the civilized red man had in this new organization ; tendering
them our warmest sympathy and regard, all of which met the cordial

CONFEDERATE AUTHORITIES. 323

The Choctaws and Chickasaws are entirely Southern and are deter-
mined to adhere to the fortunes of the South. They were embarrassed
in their action by the absence of their agents and commissioners at
Washington, the seat of Government of the Northern Confederacy,
seeking a final settlement with that Government. They have passed
resolutions authorizing the raising of a minute company in each
county in the two nations, to be drilled for actual service when neces-
sary. Their convention was highly respectable in numbers and
intelligence, and the business of the convention was dispatched with
such admirable decorum and promptness as is rarely met with in simi-
lar deliberative bodies within the States.

On the morning of the 13th, hearing that the Creeks (or Maskokys)
and Cherokees were in council at the Creek agency, on the Arkansas
River, 140 miles distant, we immediately set out for that point, hoping
to reach them before their adjournment. In this we were disappointed.
They had adjourned two days before our arrival. We reached that
point on Saturday evening. On Sunday morning, hearing that there
was a religious meeting five miles north of the Arkansas River, in the
Creek Nation, Mr. James E. Harrison attended, which proved to be
of the utmost importance to our mission. The Reverend Mr. H. S.
Buckner was present, with Chilly Mcintosh, D. N. Mcintosh, Judge
Marshall, and others, examining a translation of a portion of the
Scriptures, hymn book, and Greek grammar by Mr. Buckner into the
Creek language. Mr. Buckner showed us great kindness, and did us
eminent service, as did also Elder Vandiven, at whose house we spent
the night and portion of the next day with these gentlemen of the
Creek Nation, and through them succeeded in having a convention of
the five nations called by Governor Motey Kiunaird, of the Creeks, to
meet at North Fork (Creek Nation) on the 8th of April.

In the intermediate time we visited the Cherokee Nation, calling on
their principal men and citizens, conversing with them freely until we
reached Tahlequah, the seat of government. Near this place Mr.
John Ross resides, the Governor of the nation. We called on him
officially. We were not unexpected, and were received with courtesy,
but not with cordiality. A long conference was had with him, eon-
ducted by Mr. Harrison on the part of the commissioners, without,
we fear, any good result. He was very diplomatic and cautious. His
position is the same as that held by Mr. Lincoln in his inaugural;
declares the Union not dissolved; ignores the Southern Government.
The intelligence of the nation is not with him. Four-fifths, at least,
are against his views, as we learned from observation and good authori-
ties. He, as we learned, had been urged by his people to call a council
of the nation (he having the only constitutional authority to do so), to
take into consideration the embarrassed condition of political affairs
in the States, and to give some expression of their sentiments and
sympathies. This he has persistently refused to do. His position in
this is that of Sam. Houston in Texas, and in all probability will share
the same fate, if not a worse one. His people are already oppressed
by a Northern population letting a portion of territory purchased by
them from the United States, to the exclusion of natives, and we are
creditably informed that the Governors of some two or more of the
Western free-soil States have recommended their people emigrating
to settle the Cherokee country. It is due Mr. John Ross, in this
connection, to say that during our conference with him he frequently
avowed his sympathy for the South, and that, if Virginia and the other
Border States seceded from the Government of the United States, his

324 CORRESPONDENCE, ETC.

people would declare for the Southern Government that might be
formed. The fact is not to be denied or disguised that among the
common Indians of the Cherokees there exists a considerable abolition
influence, created and sustained by one Jones, a Northern missionary
of education and ability, who has been among them for many years,
and who is said to exert no small influence with John Ross himself.

From Tahlequah we returned to the Creek Nation, and had great
satisfaction in visiting their principal men — the Mclntoshes, iStid-
hams. Smiths, Vanns, Rosses, Marshalls, and others too numerous to
mention. Heavy falls of rain occurred about the time the convention
was to meet at North Fork, which prevented the Chickasaws and
Choctaws from attending the council, the rivers and creeks being
all full and impassable. The Creeks, Cherokees, Seminoies, Quapa,
and Socks (the three latter dependencies of the Creeks) met on the Sth
of April. After they had organized by calling Motey Kinnaird, the Gov-
ernor of the Creeks, to the chair, a committee was appointed to wait
on the commissioners present, James E. Harrison and Capt. C. A.
Hamilton, and invite them to appear in the convention, when, by
invitation, Mr. Harrison addressed the convention in a speech of
two hours. Our views were cordially received by the convention.
The Creeks are Southern and sound to a man, and when desired will
show their devotion to our cause by acts. They meet in council on
the 1st of May, when they will probably send delegates to Mont-
gomery to arrange with the Southern Government.

These nations are in a rapid state of improvement. The chase is
no longer resorted to as means of subsistence, only as an occasional
recreation. They are pursuing with good success agriculture and
stock raising. Their houses are well built and comfortable, some of
them costly. Their farms are well planned and some of them exfjcn-
sive and all well cultivated. They are well supplied with schools of
learning, extensively patronized. "They have many churches and a
large membership of moral, pious deportment. They feel themselves
to be in an exposed, embarrassed condition. They are occupying
a country well suited to them, well watered, and fertile, with exten-
sive fields of the very best mineral coal, fine salt springs and wells,
with plenty of good timber, wat«r powers which they are using to
an advantage. Pure slate, granite, sandstone, blue limestone and
marble are found in abundance. All this they regard as inviting
Northern aggression, and they are without arms, to any extent, or
munitions of war. They declare themselves Southerners by geograph-
ical position, by a common interest, by their social system, and by
blood, for they are rapidly becoming a nation' of whites. They
have written constitutions, laws, &c., modeled after those of the
Southern States. We recommend them to the fostering care of the
South, and that treaty arrangements be entered into with them as
soon as possible. They can raise 20,000 good fighting men, leaving
enough at home to attend to domestic afEairs, and under the direction
(jf an officer from the Southern Government would deal destruction
to an approaching army from that direction, and in the language of
one of their principal men :

Lincoln may haul his big gnns about over our prairies in the daytime, but we
will swoop down upon him at night from our mountains and forests, dealing
death and destruction to his army.

No delay should be permitted in this direction. They cannot declare
themselves until they are placed in a defensible position. The Admin-
istration of the North is concentrating his forces at Fort Washita,

CONFEDERATE AUTHORITIES. 325

about twenty-four miles from the Texas line, and within the limits
of the Chickasaw Nation. This fort could easily be taken by a
force of 200 or 300 good men, and it is submitted as to whether in the
present state of affairs a foreign Government should be permitted
to accumulate a large force on the borders of our country, especially
a portion containing a large number of disaffected citizens who repu-
diate tlie action of the State.

In this connection it may not be improper to state that from North
Fork to Red River we met over 120 wagons, movers from Texas to
Kansas and other free States. These people are from Grayton, Collin,
Johnson, and Denton, a country beautiful in appearance, rich in soil,
genial in climate, and inferior to none in its capacity for the produc-
tion of the cereals and stock. In disguise, we conversed with them
freely. They had proposed by the ballot box to abolitionize at least
that portion of the State. Failing in this, we suppose at least 500
voters have returned whence they came.
All of which is respectfully submitted this April 23, 1861.

JAMES E. HARRISON,
JAMES BOURLAND,
CHARLES A. HAMILTON,

Commissioners, &c.

In addition to the foregoing report we beg leave to state that Mr.
J. A. Echols, from Waco, accompanied us on our mission and rendered
us important and efficient service.

JAMES E. HARRISON.

JAMES BOURLAND.

CHARLES A. HAMILTON.

General Orders, ) Headquarters Virginia Forces,

No. IG. \ Richmond, Va., May 15, 1861.

Discharges from, or substitutions or transfers in, the volunteer
service of the State can only be made by the authority of the Governor
or the commanding general of the Virginia forces. In all such cases
the application for discharge either with or without a substitute, and
from whatever cause or for transfer, must first be approved by the
company commander, and will be forwarded by him through his
immediate commander to the headquarters of the Virginia forces,
whence the order for the discharge will emanate, and be returned
through the same channel to the company oflicer. Substitutes or
recruits in a companj' after it has been once regularly mustered in
can be duly mustered into the service at the first subsequent period-
ical muster, the pay commencing from the date of joining the com-
pany. The periodical musters will take place at the end of the
alternate months, commencing with the 30th of June next. Rolls
for these musters will be duly supplied.

By command of Major-General Lee :

R. S. GARNETT,
Adjutant- OenerdL.

Richmond, May 15, 1861.
L. P. Walker:

Steamer Parana, English advices 7th, arrived at Saint John's. Lord
John Russell stated to House of Commons naval force sent to Amer-
ican coast to protect British shipping, infringement international law.

326 CORRESPONDENCE, ETC.

Federal Government collect duties before breaking bulk. No definite
instructions sent to British cruisers, as so much depended on circum-
stances. Blockade onlyrecognized when effective. Regarding letters
of marque, Government is of opinion Southern Confederacy must be
recognized as belligerents. Cotton advanced one-eighth to one-fourth
of a cent. California gold being diverted from New York to London.
Faulkner and Dallas arrived in New York.

D. G. DUNCAN.

AN ACT to increase the military establishment of the Confederate States and to
amend the "Act for the establishment and organization of the Army of the
Confederate States of America."

77(6 Congress of the Confederate States of America do enact, That
the President shall be authorized to raise and organize, in addition to
the present military establishment, one regiment of cavalry and two
regiments of infantry, whenever in his judgment the public service
maj^ require such an increase, to be organized in accordance with
existing laws for the organization of cavalry and infantry regiments,
and to be entitled to the same pay and allowances provided for the
same respectively.

Sec. 2. That the five general officers provided by existing laws for
the Confederate States shall have the rank and denomination of
"general," instead of "brigadier-general," which shall be the highest
military grade known to the Confederate States. They shall be
assigned to such commands and duties as the President may specially
direct, and shall be entitled to the same pay and allowances as are
provided for brigadier-generals, and to two aides-de-camp, to be
selected as now provided by law. Appointments to the rank of gen-
eral, after the Army is organized, shall be made by selection from the
Army.

Sec. 3. That the President be authorized, whenever in his judg-
ment the public service may require the increase, to add to the Corps
of Engineers one lieutenant-colonel, who shall receive the pay and
allowances of a lieutenant-colonel of cavalry, and as many captains,
not exceeding five, as may be necessary.

Sec. 4. That there be added to the Quartermaster-General's Depart-
ment one assistant quartermaster-general, with the rank of lieutenant-
colonel, and two quartermasters, with the rank of major; and to the
Commissary-General's Department one assistant commissary, with
the rank of major, and one assistant commissary, with the rank of
captain; and to the Medical Department, six surgeons and fourteen
assistant surgeons.

Sec. 5. That the President be authorized to appoint as many mili-
tarj' store-keepers, with the pay and allowances of a first lieutenant of
infantry, as the safe-keeping of the public property may require, not
to exceed in all six store-keepers.

Sec. 6. That there be added to the military establishment one
quartermaster-sergeant for each regiment of cavalry and infantry,
and one ordnance-sergeant for each military post, each to receive the
pay and allowances of a sergeant-major according to existing laws.

Sec. 7. That there may be enlisted for the Medical Department of
the Army, for the term already provided by law for other enlisted
men, as many hospital stewards as the service may require, to be

CONFEDERATE AUTHORITIES. 327

determined by the Secretary of War, under such regulations as he
maj' prescribe, and who shall receive the pay and allowances of a
sergeant-major.

Sec. 8. That until a military school shall be established for the
elementary instruction of officers for the Army, the President shall be
authorized to appoint cadets from the several States in number pro-
portionate to their representation in the House of Representatives,
and ten, in addition, to be selected by him at large from the Confed-
erate States, who shall be attached to companies in service in any
branch of the Army as supernumerary officers, with the rank of
cadet, who shall receive the monthly pay of $40, and be competent
for promotion at such time and under such regulations as may be
prescribed by the President or hereafter established by law.

Sec. 9. That the President be authorized to assign officers of the
Army of the Confederate States to staff duty with volunteers or pro-
visional troops, and to confer upon them, whilst so employed, the
rank coiTesponding to the staff duties they are to perform.

Sec. 10. There shall be allowed and paid to every able-bodied man
who shall be duly enlisted to serve in the Army of the Confederate
States a bounty of $10; but the payment of $5 of the said bounty
shall be deferred until the recruit shall have been mustered into the
regiment into which he is to serve.

Sec. 11. That the provision of the third section of the act of the
Congress of the United States making appropriations for the legisla-
tive, executive, and judicial expenses of the Government for the year
ending the 30th day of June, A. D. 1861, approved June 23, 1860,
which declares that no arms or military supplies whatever, wliich are
of a patented invention, shall be purchased, nor the right of using or
applying any patented invention, unless the same shall be authorized
by law and the appropriation therefor explicitly set forth that it is
for such patented invention (if of force within the Confederate States),
shall be suspended in its operation for and during the existing war.

Approved May 16, 1861.

AN ACT to amend an act entitled "An act to provide for the appointment of
chaplains to the Army," approved May 3, 1861.

The Congress of the Confederate States of America do enact, That
so much of the second section of the above-recited act as fixes the
pay of chaplains in the Army at eighty-five dollars be repealed, and
that the pay of said chaplains be fifty dollars per montH.

Approved May 16, 1861.

AN ACT to authorize the President to continue the appointments made by him
in the military and naval service during the recess of Congress or the present
session, and to submit them to Cong^ress at its next session.

The Congress of the Confederate States of America do enact, That
the President be authorized to continue the appointments made by
him in the military and naval service during the recess of Congress
or the present session, and to submit them to Congress at its next
session.

Approved May 16, 1861.

328

AN ACT to authorize a loan and the issue of Treasury notes, and to prescribe
the punishment for forging the same, and for forging certificates of stock and
bonds.

TTie Congress of the Confederate States of America do enact, That
the Secretary, of the Treasury may, with the assent of the President
of the Confederate States, issue $50,000,000 in bonds, payable at the
expiration of twenty years from their date, and bearing a rate of
interest not exceeding 8 per cent, per annum until they become pay-
able, the said interest to be paid semi-annually. The said bonds,
after public advertisement in three newspapers within the Confederate
States for six weeks, to be sold for specie, military stores, or for the
proceeds of sales of raw produce or manufactured articles, to be paid
in the form of specie or with foreign bills of exchange, in such man-
ner and under such regulations as may be prescribed by the Secretary
of the Treasury, with the assent of the President. But it shall be
the duty of the Secretary of the Treasury to report, at its next ensu-
ing session, to the Congress of the Confederate States, a precise
statement of his transactions under this law. Nor shall the said
bonds be issued in fractional parts of the hundred, or be exchanged
by the said Secretary for Treasury notes, or the notes of any bank,
corporation, or individual, but only in the manner herein prescribed :
Provided, That nothing herein contained shall be so construed as to
prevent the Secretary of the Treasury from receiving foreign bills of
exchange in payment of these bonds.

Sec. 2. And be it further enacted, That in lieu of bonds, to an
amount not exceeding $20,000,000, the Secretary of the Treasury, with
the assent of the President, may issue Treasury notes to the same
amount, without interest, and in denominations of not less than $5;
the said notes to be receivable in payment of all debts or taxes due
to the Confederate States except the export duty on cotton, or in
exchange for the bonds herein authorized to be issued. The said
notes shall be payable at the end of two years from the date of their
issue in specie. The holders of the said notes may at any time
demand in exchange for them bonds of the Confederate States, pay-
able at the end of ten years, and bearing an interest of 8 per centum
per annum, to be paid semi-annually. The Secretary of the Treasury
is hereby authorized to issue the said bonds, but not in fractional
parts of a hundred. But if, after the expiration of two years, when
the Treasury notes shall be due, the Secretary of the Treasury shall
advertise that he will pay the same, then the privilege of funding
shall cease after six months from the date of the advertisement,
unless there shall be a failure to pay the same on their presentation.

Sec. 3. And be it furtJier enacted. That in lieu of the notes author-
ized by this act, which may be redeemed, other notes may be issued
within the period of ten years as aforesaid : Provided, however. That
the amount of such notes outstanding, together with the stock in which
the said Treasury notes may have been funded under the provisions
of this act, shall not exceed the sum of $20,000,000. But the Secre-
tary of the Treasury may, upon application of the holder of a bond
thus funded, redeem it by giving in exchange Treasury notes issued
under the provisions of this act to such extent as that the entire
amount of notes then issued, together with the amount of the bonds
in which they may have been funded, shall not exceed $20,000,000.

Sec. 4. A^td be it further enacted. That the faith of the Confed-
erate States is hereby pledged to provide and establish suflcient
revenues for the regular payment of the interest and for the redemp-

CONFEDERATE AUTHORITIES. 329

borrowed under the provisions of this act and the interest thereon, as
the same shall from time to time become due and payable, shall be
paid out of any money in the Treasury not otherwise appropriated.

Sec. 5. And be if- further enacted, That this act shall be deemed to
contain all the provisions, limitations, and penalties of the act entitled
"An act to authorize the issue of Treasury notes, and to prescribe the
punishment for forging the same, and for forging certiiicates of stocks,
bonds, or coupons," and approved March 9, 18C1, which shall be con-
sidered as parts of this act, save the first, second, and tenth sections,
and save so much as relates to interest upon Treasury notes.

Sec. 6. And be it fu/rther enacted, That for the purpose of raising
$10,000,000 within the present calendar year, and of providing for the
ultimate redemption of the debt herein authorized to be contracted,
the Secretary of the Treasury is hereby directed to collect informa-
tion in regard to the value of the property, the revenue system, and
the amount collected during the last fiscal year in each of the Confed-
erate States, and to report the same to Congress at its next session, so
as to enable it to lay a fair, equal, and convenient system of internal
taxation for the purpose of securing the payment of the interest and
principal of the debt hereby authorized to be created, in such manner
as may fully discharge the obligation herein contracted by the pledge
of the faith of the Confederate States to pay the principal and interest
of the said debt when due.

Sec. 7. And be it further enacted, That any State may pay into the
Treasury, in anticipation of the tax aforesaid, any sum not less than
$100,000 in specie or its equivalent; and if the same be paid on or
before the 1st day of July next, the said State shall be allowed to set
off the same with 10 per centum additional from the quota to be
assessed upon the said State.

Approved May 16, 1861.

MiLLEDGEVILLE, Ma7J 16, 1861.

Hon. L. P. Walker:

In your telegram of the 6th instant you instruct me to make awange-
ments somewhere for two regiments instead of one, meaning the one
then rendezvousing at Macon and one other. I have complied with
your requisition, and now have the companies for the other regiment
in camp ready to rendezvous on the shortest notice. They will con-
sent to go into service for the war. What day and at what point in
the State will you receive them? I will arm and equip them. They
wish to march at once, as they are on heavy expense in camp. Are
fine troops, well drilled. If you will accept these troops under your
requisition immediately, I will then arm and equip Colonel Gartrell's
regiment at once. He is now here. Please answer immediately, as
he wishes to leave for home. Answer quick.

JOS. E. BROWN.

MONTGOMBKY, May 16, 1861.
Governor JOSEPH E. Brown,

MiUedgevUle, Oa.:
Will receive the regiment for the war at once, and will muster it
in at the point you designate. They will be ordered to Richmond,
and must move without delay. Let me know when and where it will
rendezvous.

L. P. WALKER.

330 COREESPONDENCE, ETC.

Richmond, May 16, 1861.
L. P. Walker:

English Under Secretary of Foreign Affairs stated in the House of
Lords that government would not intrude advice unless asked for by
contending parties, nor had Grovernment been in communication with
any foreign government regarding mediation. New York Herald
says Doctor Holland, bearer of dispatches from England for Mont-
gomery, had arrived and would be arrested.

D. G. DUNCAN.

AN ACT to admit the State of North Carolina into the Confederacy on a certain

condition.

The State of North Carolina having adopted measures looking to
an early withdrawal from the United States and to becoming in the
future a member of this Confederacy, which measures may not be
consummated before the approaching recess of Congress : Therefore,

The Congress of the Confederate States of America do enact. That
the State of North Carolina shall be admitted a member of the Con-
federate States of America, upon an equal footing with the other
States, under the Constitution for the Provisional Government of the
same, upon the condition that the convention of said State soon to
assemble shall adopt and ratify said Constitution for the Provisional
Government of the Confederate States, and shall transmit to the
President of the Confederate States, before the reassembling of Con-
gress, through the Governor of said State, or some other proper organ,
an authentic copy of the act or ordinance of said convention so adopt-
ing and ratifying said Provisional Constitution; upon the receipt
whereof the President, by proclamation, shall announce the fact;
whereupon, and without any further proceeding on the part of Con-
gress, the admission of said State into this Confederacy, under said
Constitution for the Provisional Government, shall be considered as
complete, and the laws of this Confederacy shall thereby be extended
over said State as fully and completely as over the other States now
composing the same.

Approved May 17, 1861.

AN ACT to admit the State of Tennessee into the Confederacy on a certain

condition.

The State of Tennessee having adopted measures looking to an
early withdrawal from the United States and to becoming in the
future a member of this Confederacy, which measures may not be
consummated before the approaching recess of Congress : Therefore,

The Congress of the Confederate States of America do enact, That
the State of Tennessee shall be admitted a member of the Confed-
erate States of America, upon an equal footing with the other States,
under the Constitution for the Provisional Government of the same,
upon the condition that the said Constitution for the Provisional
Government of the Confederate States shall be adopted and ratified
by the properly and legally constituted authorities of said State, and
the Governor of said State shall transmit to the President of the Con-
federate States, before the reassembling of Congress, after the recess

CONFEDERATE AUTHORITIES. 331

aforesaid, an authentic copy of the proceedings touching said adop-
tion and ratification by said State of said Provisional Constitution;
upon the receipt whereof, the President, by proclamation, shall
announce the fact; whereupon, and without any further proceeding
on the part of Congress, the admission of said State of Tennessee
into the Confederacy, under said Constitution for the Provisional
Government of the Confederate States, shall be considered as com-
plete ; and the laws of this Confederacy shall be thereby extended
over said State as fully and completely as over the other States now
composing the same.
Approved May 17, 1861.

AN ACT to provide an additional company of sappers and bombardiers for the

Army.

Tlie Congress of the Confederate States of America do enact, That
there be added to the military establishment of the Confederate States
one company of sappers and bombardiers, to consist of one captain,
two first lieutenants, one second lieutenant, ten sergeants or master
workmen, ten corporals or overseers, two musicians, thirty-nine pri-
vates of the first class, and thirty-nine privates of the second class,
who shall be instructed in and perform all the duties of sappers and
bombardiers, and shall, moreover, under the orders of the chief
engineer, be liable to serve by detachments in overseeing and aiding
laborers upon fortifications or other works under the Engineer Depart-
ment, and in supervising finished fortifications, as fort keepers, pre-
venting injury, and making repairs.

Sec. 2. That it shall be the duty of the colonel of the engineer
corps, subject to the approval of the Secretary of War, to prescribe
the number, quantity, form, dimensions, &c., of the necessary vehicles,
arms, pontoons, tools, implements, and other supplies for the service
of said company as a body of sappers and bombardiers.

Sec. 3. That the monthly pay of the captain of said company shall
be $140; of each first lieutenant, $100; of the second lieutenant, $90;
of the sergeants, $34; of the corporals, $20; of the musicians, $13; of
the first-class privates, $17, and of the second-class privates, $13.
And the said commissioned officers shall be entitled to the same allow-
ances as all other commissioned officers of .the Army, and the same
right to draw forage for horses as is accorded to officers of like rank
in the engineer corps ; and the enlisted men shall receive the same
rations and allowances as are granted to all other enlisted men in the
Army.

Approved May 17, 1861.

A RESOLUTION in relation to imports from the States of Virginia, North Caro-
lina, Tennessee, and Arkansas.

Resolved, That all imports from the States of Virginia, North Caro-
lina, Tennessee, and Arkansas be exempted from the payment of
duties; and that this exemption extend to imports from the said
States now in warehouse.

Approved May 17, 1861.

332 CORRESPONDENCE, ETC.

MiLLEDGEVILLE, May 17, 1861.
Hon. L. P. WaXiKER:

Will rendezvous the regiment at Atlanta to-morrow week. Will
you accept it with twelve companies? That number anxious to go.
Will rendezvous Colonel Gartrell's as soon as other is ofF.

JOS. E. BROWN.

Montgomery, May 17, ISGl.
Governor Joseph E. Brown,

Milledgeville, Qa.:
The regimental organization is ten companies. No more, therefore,
can go into the regiment. Under the law passed a few days since com-
panies tender their services here for the war. Some of these companies
from your State have been armed by the State. I understand you
have issued proclamation that no company so tendering for service
out of the State must carry their arms with them. The one object of
the bill was to prevent delay when prompt action is so necessary.
Now, I propose, if you will recall this order and permit the companies
to take their arms, to supply you from the arsenal the number so
taken. I hope, in view of the emergency, that you will consent.

L. P. WALKER.

Milledgeville, May 17, 18'il.
Hon. L. P. Walker:

I have responded very promptly to every call made on me for troops.
The late act of Congress, to which you refer, authorizing tenders of
troops to the President independent of State authority, I regard as a
very dangerous infringement of State rights. I can in no degree
increase dispatch in organizing regiments, as you have ordered from
the Augusta Arsenal to Virginia all the new guns in the arsenal, with
which I think Georgia troops should have been armed. I cannot con-
sent to exchange what few guns still in possession of the State, pur-
chased by her, for the altered muskets now in the arsenal.

JOSEPH E. BROWN.

Richmond, May 17, 1861.
L. P. Walker:

RusselFs statement [in] answer [to] question [of] Ewart, member
of Parliament, how [the] Government looked upon our privateers,
Attorney-General's opinion the [Government] must recognize [those]
legally commissioned. New York Herald attempts to make North
believe Russell meant contrary. All other papers admit equivalent

recognition as a nation.

D. G. DUNCAN.

Confederate States of America, War Department,

Montgomery, May 18, 1861.
Maj. Edward C. Anderson,

Confederate Army, Montgomery, Ala.:
Sir : You are hereby directed to proceed to Europe without delay
for the DurDOse of makine nurchases of munitions of war and to exe-

CONFEDERATE AUTHORITIES. 333

cute such other instructions as may be intrusted to you by the heads
of the Departments of this Government. On your arrival abroad you
will at once, if possible, place yourself in communication with Capt.
Caleb Huse, who has heretofore been sent abroad on a mission similar
to that now intrusted to you. The Bureau of Ordnance will furnish
you with copies of the instructions with which Captain Huse is
charged, and you will hasten to co-operate with him in making the
purchases and shipments therein specified. Should you be unable to
communicate with Captain Huse after due inquiry for that purpose,
you will proceed yourself to execute all that pertains to the duties
with which he was charged. You will report your address to this
Department as soon as you arrive abroad and make frequent reports
of your proceedings.

Respectfully, your obedient servant,

L. P. WALKER,
Secretary of War.

Confederate States op America, War Department,

Montgomery, May 18, 1861.
Maj. Edward C. Anderson:

Sir: You are hereby authorized, should circumstances in your
opinion demand it, to supersede Capt. Caleb Huse, who was sent to
Europe as an agent of this Department to purchase ordnance, arms,
and munitions of war, and to take possession of any assets or credits
placed to his account as such agent.

Very respectfully, your obedient servant,

L. P. WALKER,
Secretary of War.

Tallahassee, May 18, 1861.
Hon. L. P. Walker:

One regiment awaits your orders; two others ready, save arms and
equipments. Can you supply? Several companies are encamped at
expense of officers. Say where wanted and when.

M. S. PERRY.

Confederate States op America, War Department,

Montgomery, Ma^ 18, 1861.

His Excellency Joseph E. Brown,

Qovernor of Georgia:
Sir: In reply to Your Excellency's letter of the 13th of May, rela-
tive to the transfer to this Government of the sulphur and saltpeter
in possession of the authorities of Georgia, I have the honor to say
that this Department will take all your purchases of ordnance and
materials for ammunition, but trust Your Excellencj' will not insist
on the proposition submitted as to the steamer Huntress. A draft on
the basis of the letter of General Wayne of the 17th of May had
already been transmitted to Your Excellency for the sulphur and salt-
peter before the receipt of your letter of the 13th of May.
Respectfully, your obedient servant,

L. P. WALKER.

334 COEKESPONDENCE, ETC.

MiLLEDGEViLLE, May 18, 1861.
Hon. L. P. Walker:

Do you make requisition on me for Colonel Gartrell's regiment and
for the Savannah volunteer regiment in addition to the Sixth Regi-
ment, which is to rendezvous in Atlanta 25th instant? If so, please
state where you wish the two regiments mustered into service.

JOSEPH E. BROWN.

Montgomery, May 18, 1861.
Governor Joseph E. Brown,

MiUedgevUle, Oa.:
I make no requisition for Gartrell's regiment. My letter to him will
disclose the circumstances under which it was agreed to be received. *
Beyond this the matter rests with Colonel Gartrell and yourself. Nor
do I make any requisition for the troops for Savannah. General
Lawton can explain.

L. P. WALKER.

Jackson, Miss., May 18, 1861.
President Davis:

Much injury to the service wiU result from ignoring the twelve-
months' companies. They have camped and drilled at their own
expense, and are now armed and are anxiously waiting orders by
mail.

JOHN J. PETTUS.

Montgomery, May 18, 1861.
Governor Pettus,

Jackson, Miss.:
Can you give me two regiments for twelve months, armed with
heavy double-barreled shotguns?

L. P. WALKER.

Jackson, Miss., May 18, 1861.
L. P. Walker:

Two regiments at Corinth have arms and ammunition. I think we
can send you two regiments with double-barreled guns, and know I
could send you five regiments armed with muskets and rifles in ten

days.

JOHN J. PETTUS.

Confederate States of America, War Department,

Montgomery, May 19, 1861.

Lieut. Col. A. C. Myers,

Acting Quartermaster- General:
Sir: Inclosed I transmit to you copy of a letter received at this
Department from the Honorable Secretary of the Treasurj'. His

* See p. 379.

CONFEDERATE AUTHORITIES. 335

suggestions are entitled to great consideration, and I invite your
special attention to them, in the hope that you may be able to carry
them out.

Very respectfully, your obedient servant,

L. P. WALKER.

(Same to Lieut. Col. L. B. Northrop, Acting Commissary-General.)

[Inolosure.]

Confederate States of America, Treasury Dept.,

Montgomery, May 18, 1861.
lion. L. T* Walker,

Secretary of War:
Dear Sir: I receive intimations from New Orleans and other quar-
ters that we can get no more money at present on the Confederate
loan. This makes it an urgent necessity to husband what we have.
In devising plans to that end one of the most effective would be to
instruct your commissaries and quartermasters to make purcliases on
time and payable in bonds. Sellers constantly accept from the States
and from large factors arrangements wherebythey render in accounts
once in six months and then take pay in time notes. Now, there is
no reason that I am aware of why this cannot be done by our Gov-
ernment, unless it arise from large sums or from the expectation of
receiving cash from the Government. I am ready to co-operate in any
measures to produce the desired result, and would give your of&cers
any benefit which my own reflections or experience could add.
With much respect, your obedient servant,

C. G. MEMMINGER,

Secretary of the Treasury.

AN ACT to admit the State of Arkansas into the Confeflera<;y.

The people of the State of Arkansas, in sovereign convention, hav-
ing passed an ordinance dissolving their political connection with the
United States, and another ordinance adopting and ratifying the Con-
stitution for the Provisional Government of the Confederate States
of America: Therefore —

The Congress of the Confederate States of America do enact, ITiat
the State of Arkansas be, and is hereby, admitted into this Confed-
eracy upon an equal footing with the other States, under the Consti-
tution for the Provisional Government of the same.

Approved May 20, 1861.

AN ORDINANCE to dissolve the union between the State of North Carolina
and the other States united with her, under the compact of government entitled
" The Constitution of the United States."

We, thepeople of the State of North Carolina in convention assembled,
do declare and ordain, and it is hereby declared and ordained. That
the ordinance adopted by the State of North Carolina in the conven-
tion of 1789, whereby the Constitution of the United States was rati-
fied and adopted, and also all acts and parts of acts of the General
Assembly ratifying and adopting amendments to the said Constitu-
tion, are hereby repealed, rescinded, and abrogated.

336 CORRESPONDENCE, ETC.

We do further declare and ordain, That the union now subsisting
between the State of North Carolina and the other States, under the
title of the United States of America, is hereby dissolved, and that
the State of North Carolina is in full possession and exercise of all
those rights of sovereignty which belong and appertain to a free and
independent State.

Done in convention at the city of Raleigh this the 20th day of
May, in the year of our Lord 1861, and in the eighty-fifth year of the
independence of said State.

W. N. EDWARDS,
President of the Convention.
Teste.

WALTER L. STEELE,
Secretary of Convention.

AN ORDINANCE to ratify the Constitution of the Provisional Government of
the Confederate States of America.

We, the people of North Carolina, in convention assembled, do dedare
and ordain, and it is hereby declared and ordained, That the State of
North Carolina does hereby assent to and ratify the " Constitution for
the Provisional Government of the Confederate States of America,"
adopted at Montgomery, in the State of Alabama, on the 8th day of
February, A. D. 1861, by the convention of delegates from the States
of South Carolina, Georgia, Florida, Alabama, Mississippi, and Loui-
siana; and that North Carolina will enter into the federal association
of States, upon the terms therein proposed, when admitted by the
Congress or any competent authority of the Confederate States.
Done at Raleigh the 20th day of May, in the year of our Lord 1861.

W. N. EDWARDS.
Teste.

WALTER L. STEELE, of Richmond,

Secretary of the Convention.
L. C. EDWARDS, of GranviUe,

Assistant Secretary.

Montgomery, May 20, 1861.
Governor Thomas O. Moore,

New Orleans:
Dispatch received from General Trudeau, stated to be with your
approval, tendering regiment for the war, uniformed. Is this regi-
ment armed and equipped, or either; and if not, will you arm and
equip it ?

L. P. WALKER.

New Orleans, May 20, 1861.
L. P. Walker :

General Trudeau has sent no dispatch with my approval nor my
knowledge. If he has a regiment I do not know whether it is armed
or equipped. I will not arm or equip any regiment before my twelve-
months' volunteers decide that they will not go for the war. I have
nearly 2,500 twelve- months' volunteers in the city and the counti-y,
besides three regiments for the war. Whether I will arm any more

CONFEDERATE AUTHOKITIES. 337

regiments to leave the State depends upon the number of arms I have
in the ai'senal. I am emphatically unwilling to leave the State with-
out sufficient anns for home protection.

THO. O. MOORE.

Montgomery, May 20, 1861.
(lovemor Thomas O. Moore,

Nexv Orleans:
Glad to know that you can arm and equip three regiments for the
war. Lose no time. Trudeau telegraphed what I stated, but I have
not answered him, nor shall I now.

L. P. WALKER.

New Orleans, May 20, 1861.
L. P. Walker:

The Fifth and Sixth Regiments for the war are organized and will
be fully equipped this week.

THO. O. MOORE.

Montgomery, May 20, 1861.
Governor T. O. MoORE,

Neiv Orleans :
Your dispatch just received. Is Trudeau's one of the regiments
(Fifth and Sixth) named? I am glad to learn that you have two for
the war.

L. P WALKER.

New Orleans, May 20, 1861.
L. P.Walker:

Trudeau is not in Fifth or Sixth Regiment, nor in any regiment
mustered into the service of the State. Seventh Regiment for the war
will. I think, be organized this week.

THO. O. MOORE.

{May 20, 1861. — For Walker to Harris, calling for troops from
Tennessee, and agreeing to accept them, conditionally, for twelve
months' service, see Series I, Vol. LII, Part II, p. 103.]

AN ACT to put in operation the Government under the permanent Constitution
of the Confederate States of America.

The Congress of the Confederate States of America do enact. That
an election shall be held in the several States of this Confedei-acy on
the first Wednesday in November, 18G1, for members of the House of
Representatives in the Congress of the Confederate States under the
permanent Constitution, which election shall be conducted in all
respects according to said Constitution and the laws of the several
22 r r— series IV, VOL I

338 COERESPONDENCE, ETC.

States in force for that purpose; and in States which may not have
provided by law for such election, according to the laws heretofore
existing in such States for the election of members of the House of
Representatives in the Congress of the United States. And on the
same day the several States shall elect or appoint electors for Presi-
dent and Vice-President of the Confederate States of America,
according to said Constitution and in the manner prescribed by the
laws of the several States made for that purpose ; and in States where
no such laws may exist, according to the laws heretofore in force in
such States for the election or appointment of electors for President
and Vice-President of the United States.

Sec. 2. The electors for President and Vice-President shall meet in
their respective States on the first Wednesday in December, 1861, and
proceed to vote for President and Vice-President, and make out lists,
certify the same, and forward the same to the President of the Senate;
all as directed by the said Constitution in that behalf.

Sec. -3. The members of the House of Representatives so elected,
and the Senators who may be elected by the several States according
to the provision of said Constitution, shall assemble at the seat of
Government of the Confederate States on the 18th day of February,
1862; and the said members of the House of Representatives shall
proceed to organize by the election of a Speaker, and the Senators by
the election of a President of the Senate for the time being; and the
President of the Senate shall, on the 19th day of February, 1862, open
all the certificates; and the votes for President and Vice-President
shall then be counted, as directed by said Constitution.

Sec. 4. The President of the Confederate States shall be inaug-
urated on the 22d day of February, 1862.

Sec. 5. Beit further enacted, That in case the State of Virginia shall
adopt and ratify the Constitution for the permanent Government of
the Confederate States of America before the elections in this act pro-
vided for, she shall be entitled to elect sixteen members to the House
of Representatives; and the State of North Carolina, in like case, ten
members ; the State of Tennessee, in like case, eleven ; and the State
of Arkansas, in like case, four members; the same being upon the
basis of one member for every 90,000 representative population, and
one additional member for a fraction over one-half of the ratio afore-
said, in each of said States, under the census of the United States
taken in 1860, and being the same basis of representation fixed for the
seven original States in said Constitution for permanent Government.

Sec. 6. Be it further enacted, That the same rules and principles
shall be observed as to the number of Presidential electors in the
States aforesaid as in the other seven original States.

Approved May 21, 1861.

AN ACT making appropriations in addition to those already made for the mili-
tary service of the Confederate States of America, for the fiscal year ending
the 18th day of February, 1862.

The Congress of the Confederate States of America do enact. That
there be appropriated for the pay of the officers and privates of 100
regiments of infantry, and for quartermaster's supplies of all kinds
for the same, and transportation, including horses, wagons, harness,
ambulances, and other necessary expenses, for the fiscal year ending
the 18th of February, 1862, $27,932,493.12.

CONFEDERATE AUTHORITIES. 339

Sec. 2. That there be appropriated for the pay, quartermaster's
supplies of all kinds, transportation, and other necessary expenses
for one regiment of legionary formation, composed of one company
of artillery, fcur companies of cavalry, and six companies of volti-
geurs, $550,485.

Sec. 3. That there be appropriated for the purchase of subsistence
stores and commissary property for 100,000 troops, for the fiscal year
ending the 18th of February, 1862, $5,464,258.80.

Sec. 4. That there be appropriated for the ordnance service, for
the fiscal year ending the 18th of February, 1862, for the preserva-
tion of public buildings, quarters, barracks, <fcc., at the arsenals,
armories, and depots; for the repairs and preservation of ordnance
stores ; for the pay of clerks, draughtsmen, colorers, superintendents,
overseers, &c. ; for the purchase of horses, mules, forage, stationery,
and contingencies of ordnance service; for the purchase of heavy
ordnance and carriages, with shot and shell for the same ; for sixteen
field batteries of six pieces each, with harness, implements, and
ammunition; for 50,000 stand of small-anns; for 5,000 pistols and
holsters; for sabera, swords, carbines, and pistols; for 5,000 sets of
cavalry equipments; for 5,000 sets of cavalry accouterments; for
100,000 sets infantiy accouterments, knapsacks, haversacks, and can-
teens; for 2,500,000 pounds powder; for materials for the same; for
lead, copper, and materials for percussion-caps and for friction tubes;
for additional shops and store-houses at Mount Vernon Arsenal, Ala.,
and Augusta Arsenal, Ga. ; for machinery, steam engine, and tools;
for cap machine; for bullet machine; for repairs of buildings and
machines at Harper's Ferry, $4,440,000.

Sec. 5. That there be appropriated for medical and hospital sup-
plies, for the year ending 18th of February, 1862, the sum of $350,000.

Sec. 6. That there be appropriated for the contingent service of the
War Department, for the year ending the 18th of February, 1862, the
sum of $300,000.

Sec. 7. That there be appropriated for contingent expenses of the
Adjutant and Inspector General's Department, including office furni-
ture, stationery, printed blanks for the use of the Army, record
books, postage, telegraphic dispatches, &c., for the year ending the
18th of February, 1862, the sum of $8,000.

Sec. 8. That there be appropriated for the pay of surgeons, assist-
ant surgeons, and chaplains, for the year ending the 18th day of Feb-
ruary, 1862, the sum of $329,901.

Approved May 21, 1861.

AN ACT to amend an act relative to telegraphic lines of the Confederate States,

approved May [11], 1861.

Tlie Congress of the Confederate States of America do enact. That
the sixth section of the " act relative to telegraph lines of the Confed-
erate States " be, and the same is hereby, so amended as to authorize
the President to allow such compensation as may be reasonable and
proper, in addition to what may be allowed by the telegraph compa-
nies, to such of the agents of said companies as he may charge with
special and important duties, where such agents are deemed trust-
worthy and acceptable both to him and the companies concerned.

Approved May 21, 1861.

340 CORRESPONDENCE, ETC.

AN ACT concerning the transportation of soldiers, and allowance for clothing of
volunteers, and amendatory of the act for the establishment and organization
of the Army of the Confederate States.

The Congress of the Confederate States of America do enact, When
transportation cannot be furnished in kind, the discharged soldier
shall be entitled to receive 10 cents per mile in lieu of all traveling
pay, subsistence, forage, and nndrawn clothing, from the place of
discharge to the place of his enlistment or enrollment, estimating the
distance by the shortest mail route, and if there is no mail route, by
the shortest practicable route. The foregoing to apply to all officers,
non-commissioned officers, musicians, artificers, farriers, blacksmiths,
and privates of volunteers, when disbanded, discharged, or mustered
out of service of the Confederate States; and it shall also apply to all
volunteer troops, as above designated, when traveling from tlie place
of enrollment to the place of general rendezvous or point where mus-
tered into service: Provided, That nothing herein contained shall be
so construed as to deprive the mounted volunteers of the allowance
of 40 cents a day for the use and risk of his horse, which allowance is
made from the date of his enrollment to the date of his discharge, and
also for every twenty miles' travel from the place of his discharge to
the place of his enrollment.

Sec. 2. That the fourth section of the act of March 6, 1861, "to
provide for the public defense," be amended as follows, viz: There
shall be allowed to each volunteer, to be paid to him on the first mus-
ter and pay rolls after being received and mustered into the service
of the Confederate States, the sum of $21, in lieu of clothing for six
months; and thereafter the same allowance in money at every subse-
quent period of service for six months in lieu of clothing: Provided,
That the price of all clothing in kind received by said volunteers
from the Confederate States Government shall be deducted first from
the money thus allowed ; and if that sum be not sufficient, the bal-
ance shall be charged for stoppage on the muster and pay rolls ; and
that all accounts arising from contracts, agreements, or arrangements
for furnishing clothing to volunteers, to be duly certified by the com-
pany commander, shall be paid out of the said semi-annual allowance
of money.

Sec. 3. That the twenty-first section of the act for the organization
of the Army of the Confederate States be so amended as to allow to
aides-de-camp and to adjutants forage for the same number of horses
as allowed to officers of the same grade in the mounted service.

Approved May 21, 1861.

AN ACT to be entitled an act to amend " An act to raise an additional military
force to serve during the war."

The Congress of the Confederate States of America do enact. That
so much of the second section of the act entitled "An act to raise an
additional military force to serve during the war," passed May 8,
1861, be so amended as to authorize the President, on the application
of any commanding officer of a regiment or battalion authorized by
said act, to assign a subaltern of the line of the Army to the duties
of adjutant of said regiment or battalion.

Approved May 21, 1861.

CONFEDERATE AUTHORITIES. 341

AN ACT to authorize the President to confer temporary rank and command for
service with volunteer troops on officers of the Confederate Army.

The Congress of the Confederate States of America do enact, That,
the President shall be authorized to confer temporary rank and com-
mand, for service with volunteer troops, on officers of the Confederate
Ami}', the same to be held without prejudice to their positions in
said Armj' and to have effect only to the extent and according to the
assignment made in general order.

Approved May 21, 1861.

AN ACT to amend an act entitled "An act recognizing the existence of war
between the United States and the Confederate States, and concerning letters
of marque, prizes, and prize goods, approved May 6, 1861."

Tlie Congress of the Confederate States [of America] do enact, That
the tenth section of the above-entitled act be so amended that, in
addition to the bounty therein mentioned, the Government of the
Confederate States will pay to the cruiser or cruisers of any private
armed vessel commissioned under said act 20 per centum on the value
of each and every vessel of war belonging to the enemy that may be
sunk or destroyed by such private armed vessel or vessels, the value
©f the armament to be included in the estimate; the valuation to
be made by a board of naval officers appointed and their award
to be approved by the President, and the amount found to be due to
be payable in 8 per cent, bonds of the Confederate States.

Sec. 2. That if any person who may have invented or may hereafter
invent any new kind of armed vessel, or floating battery, or defense,
shall deposit a plan of the same, accompanied by suitable explanations
or specifications, in the Navy Department, together with an affidavit
setting forth that he is the inventor thereof, such deposit and affidavit
(unless the facts set forth therein shall be disproved) shall entitle such
inventor or his assigns to the sole and exclusive enjoyment of the
rights and privileges conferred by this act, reserving, however, to the
Government, in all cases, the right of using such invention.

Approved May 21, 1861.

AN ACT to prohibit the exportation of cotton from the Confederate States except
through the sea-ports of said States, and to punish persons offending therein.

The Congress of the Confederate States of America do enact. That
from and after the 1st day of June next, and during the existence of
the blockade of any of the ports of the Confederate States of America
by the Government of the United States, it shall not be lawful for
anj' person to export any raw cotton or cotton yarn from the Confed-
erate States of America except through the sea-ports of the said Con-
federate States; and it shall be the duty of all the marshals and
i-e venue officers of the said Confederate States to prevent all violations
of this act.

Sec. 2. If any person shall violate or attempt to violate or evade
the provisions of the foregoing section, he shall forfeit all the cottQn
or cotton yarn thus attempted to be illegally exported for the use of
the Confederate States; and in addition thereto he shall be guilty of
a misdemeanor, and on conviction thereof shall be fined in a sum not
exceeding $5,000, or else imprisoned in some public jail or peni-
tentiary for a period not exceeding six months, at the discretion

342 CORRESPONDENCE, ETC,

of the court, after conviction upon trial by a court of competeni
jurisdiction.

Sec. 3. Any person informing as to a violation or attempt to violate
the provisions of this act shall be entitled to one-half the proceeds of
the articles forfeited by reason of his information.

Sec. 4. Any justice of the peace, on information under oath from
any person of a violation or attempt to violate this act, may issue his
warrant and cause the cotton or cotton yarn specified in the affidavit
to be seized and retained until an investigation can be had before the
courts of the Confederate States.

Sec. 5. Every steam-boat or railroad car which shall be used with
the consent of the owner or person having the same in charge for the
purpose of violating this act, shall be forfeited in like manner to the
use of the Confederate States. But nothing in this act shall be so
construed as to prohibit exportation of cotton to Mexico through its
coterminous frontier.

Approved May 21, 1861.

AN ACT to provide for the cession, on the part of the State of Arkansas, of the
arsenal at Little_Rock, and of Fort Smith at the city of Fort Smith, in the State
of Arkansas, to 'the Confederate States of America, and the acceptance of the
same by the said Confederate States.

Whereas, by ordinance of the convention of the State of Arkansas,
passed the 11th day of May, 1861, herewith submitted, authority was
conferred upon the delegation of the State of Arkansas to cede to the
Confederate States the arsenal at Little Rock, and Fort Smith at the
city of Fort Smith, in the State of Arkansas, and the grounds, build-
ings, and appurtenances attached to each, in accordance with the
terms of said ordinance : Therefore,

The Congress of the Confederate States of America do enact, That
the cession as hereinbefore recited is hereby accepted, and it is now
made the duty of the Secretaiy of War to accept a deed of cession of
the said arsenal and other property to be executed by the said dele-
gation, and to take charge of and hold the same in the name of the
Government of the Confederate States of America.

Approved May 21, 1861.

AN ORDINANCE of the Convention of the Congress of the Confederate States.

Be it ordained by the Congress of the Confederate States of America,
That the second paragraph of the first section of the third article of
the Constitution of the Confederate States of America be so amended
in the first line of said paragraph as to read, "Each State shall, until
otherwise enacted by law, constitute a district;" and in the sixth line,
after the word "judge," add "or judges."

Approved May 21, 1861.

A RESOLUTION to provide for the removal of the seat of Government.

Resolved by the Congress of the Confederate States of America,.
That this Congress will adjourn on Tuesday next, to meet again on
the 20th day of July, at Richmond, Va. ; and that a committee of

CONFEDERATE AUTHORITIES. 343

three members of this Congress be appointed to make suitable arrange-
ments for the accommodation of this Congress and of the several
Executive Departments.

Resolved, further, That the President be, and he is hereby, author-
ized to caiise the several Executive Departments, with the archives
thereof, to be removed, at such time between this and the 20th day of
July next as he may determine, to Richmond: Provided, however,
That in case of any public emergency which may, in the judgment of
the President, render it impolitic to meet in Richmond, the President
shall have power by proclamation to call the Congress together at
some other convenient place to be selected by him.

Approved May 21, 1861.

London, England, May 21, 1861.
Officer of Artillery in charge of Ordnance Bureau, C. S. A. :

Sir: In compliance with instructions from the War Department I

left Montgomery on the of April, on my way to Europe, via New

York. It was my intention to have left New York by the steamer
Pei-sia on the 24th of April. I became satisfied, however, after
arriving in that city, that it would be very imprudent for me to
attempt to sail from that port; and acting under the advice of the
gentlemen through wliom my financial arrangements were made, I
left New York for Canada on the evening of the same day that I
arrived. From Canada I went to Portland, and there took passage in
tlie steamer of the 27th. I arrived in Liverpool on the 10th of May,
and at once put myself in communication with the house of Fraser,
Trenholm & Co., on whom I had letters of credit. I found these gen-
tlemen, and especially Mr. Prioleau, member of the firm, ready to do
everything in their power to assist me in carrying out successfully the
object of my mission. On presenting my letters it appeared that I
had actually but £10,000 with which to purchase arms, &c.

The letter of the Secretary of the Treasury to Messrs. Eraser,
Trenholm & Co. , informing them that my drafts on the C. S. Treas-
ury would be honored to the amount of $200,000, would, I was
assured by Messrs. Fraser, Trenholm & Co., be of no value in a com-
mercial transaction. They expressed themselves disposed, however,
todo everything for me in their power. I left Liverpool the same day
for London, and called on Mr. Yancey, of the commission from the
Confederate Government. I then lost no time in possessing myself of
information concerning the possibility of obtaining arms and artillery
in England. A very short time sufiiced to satisfy me that of small-
arms there were none in market of the character and quality required
by the Department. There were muskets to be purchased in any
quantity, called by different names. I heard of not a few Enfield
rifles. These, when I came to examine them, I found to be for the
most part altogether worthless. I could have purchased a few, per-
haps 500, short Enfields of good quality. To ship so small a quantity
as that, however, after the proclamation of the British Government,
would have been an impossibility.

After fully satisfying myself that small-arms that I was willing to
send to the Confederacy were not to be had either in England or Bel-
gium, I made inquiries at the London Armory Company for Enfield
rifles to be manufactured by them. This establishment is in some
respects superior to every other musket manufactory in the world, and

344 CORRESPONDENCE, ETC.

in every respect is equal to the Government works at Enfield. Since
it was first put in operation it has been constantly employed by the
British Government, and they have work on hand for this Government
which will require eighteen months to complete. The rifles made at
this establishment interchange in every part and with perfect accuracy.
The importance of the principle of interchange of parts I need not
dwell upon. It is fully recognized by the war departments of every
civilized nation. The London Armory Company is the only establish
ment in Europe, excepting t]ie Government armories, that works upon
this principle. It seems to me highly important to obtain rifles from
this companj', if possible. I found that they were willing to entertain
a proposition for 10,000, but not for anything less than that number.
After conferring freely with the commissioners and receiving from
them an entire approval of my action, I proposed to take from the
London Armory Company 10,000 Enfield rifles of the latest govern-
ment pattern, with bayonet, scabbard, extra nipple, snap-cap, and
stopper complete for £3 16s. 6d. This price is somewhat above the
limit given in my instructions from Major Gorgas, and I engaged to
take 10,000 instead of 8,000. Under all the circumstances, I believed
myself not only justified, but required, to go beyond my orders.

The necessity of the Confederacy arming at once is so great, judging
from the accounts that appear in the papers, that if I could in any
way obtain arms that I thought would be serviceable I should purchase
without delay, and I have little doubt that I would be able to send or
bring them to some port of the Confederacy. The arms are not to be
had, however. Everything has been taken by the agents from the
Northern States, and the quantity which they have secured is vei-y
small, and many of them of indifferent quality. They have paid
enormous prices, and worthless muskets are now held at fabulous
prices. One man had orders to purchase 00,000. They were not to
be liad. He would have contracted with the London Armory Company
for all that they could furnish for a year to come, but his instructions
were to obtain the whole number within two months. The next steamer
will without doubt, as I learn from a reliable source, bring orders for
him to close with that company. The greatest number tliis company
can supply is about 1,300 per month. They are under a contract to
supply the North with 1 00 per week for three months, the contract to
cease with one week's notice. If the company accepts my proposition
this notice will be given, and at least 1,200 Enfield riftes that would
go North will be secured for tlie Confederate Government. The com-
pany will accept juy proposition if they can obtain a release from their
contract with the Government. This they liave no doubt tliey will be
able to obtain. Application has been made, and an answer will be
obtained in a day or two. If I could have offered to take 20,000 they
would have broken with the Government. This, however, was so far
beyond my instructions that I could not make the offer.

Tlie cost of the 10,000 will be about $195,000. I brought witli me
but $50,000. Bill of exchange for $50,000 more has since arrived.
Even this would have been quite insufficient for me to do anything
witli had it not been for Mr. Prioleau, of the firm of Eraser, Trenholm
& Co. This gentleman has most generously assumed the responsibility
of the entire contract. I beg leave to express the hope that the
Government of the Confederacy will lose no time in forwarding to me
8100,000, that I may deposit the same with Messrs. Eraser, Trenholm
& Co., to meet the payments as they come due. Since Messrs. Eraser,
Trenholm & Co. are really taking iipon themselves the responsibility

CONFEDERATE AUTHOKITIES. 345

of paj'ing a very large sum of monej^ without having received negotiable
paper for one dollar of the amount, it would be an act of ingratitude
on the part of the Confederate Government, which I am sure it will
never be guilty of, to allow any more time to elapse than is absolutely
necessary before sending forward the entire amount. Besides this
amount for meeting the payments for the muskets, it will be necessary
for me to have a further remittance of a considerable amount. I do not
think 8100,000 would be any too large a sum.

I hope tlie Department will entirely understand how it happens that
I liave so violated my instructions. I found it impossible to purchase
immediately. There is no other company in all Europe so fair in its
dealings and so able to do good work as the one with which I hope to
contract. The price is as low as tlie muskets can be had, for no other
company is able to furnish muskets that are interchangeable in their
parts. The pattern is the most approved Enfleld, actually inter-
changeable witli those made at Enfield. Before acting I consulted the
commissioners from the Confederacy, and received their full approval
of mj- course in the matter.

The agent sent bj- the United States Government to purchase arms
is the best man for the dutj' that could have been selected, namely, Mr.
jMcFarland, who was the superintending engineer of the London
Armory during its erection and until it was in complete working order.
His instructions to make a similar contract with that company for the
United States Government will come too late. In my contract I spe-
cify that I shall be the preferred purchaser for from 6,000 to 10,000 in
addition to the number now ordered. If I could contract for the
entire 20,0(t0 I think I could secure them at 70 shillings, and if the
C on federal e Government intends to purchase a further supply, Iwould
respectfully suggest that the great importance of interchange of parts,
i]i a country where repairs of arms will be for many years a great
expense, should be fully considered. Even in England, a nation of
workei-s in metals, this principle is considered invaluable. In the
present condition of affairs I do not think it possible to send a sample
to Montgomery. I shall avail myself of the first opiortunity to do so.

In the matter of artillery, I have no money to purchase, and if I had
it Avould bo impossible to ship in British vessels. If I had the entire
order of muskets and artillerj^ ready for shipment I could arrange
everj-thing. It wiU be, however, for some time to come impossible to
send any small lot of anything contraband of war. Whenever I have
anything to sliip I shall have the able assistance of Messrs. Eraser,
Trenholm & Co. Their experience and enthusiasm will enable them
to do what no other house in England would undertarke. Already
their assistance has been invaluable to me. Without them I could
have done nothing.

I liave in my possession detailed drawings of the Armstrong gun,
which I shall copy and forward bj' the first opportunity. I shall also
be able to send with these full descriptions of the mode of manufac-
ture, as given by Sir William himself, and drawings of his fuse. These
latter are not yet in my possession. Owing to my time having been
entirely taken up in making arrangements for small-arms I have not
been able to do much iji artillery. There seems to be no doubt, how-
evei', from the inquiries I have made, that the British Government has
entire confidence in the Armstrong gun. To the large guns there
appears to be some objection. I shall soon be able to inform myself
fully concerning the Armstrong and the several other guns that are
now before the "select connnittee."

346 CORRESPONDENCE, ETC.

I was shown this morning a new segment shell, invented by Mr.
Breton. It appears to be possessed of all the advantages of the Arm-
strong against troops, and is much more simple and less expensive.
The exterior is of cast-iron, of the shape of the projectiles used in the
gun sent by Mr. Prioleau to Charleston, and which was used in the
bombardment. It is made as thin as possible not to be broken in the
gun. Inside the shell is a second shell, made in segments, also of
cast-iron. There are nine of these segments, each of which consists
of six parts, or rather each of which will easily break into six parts.
Thus A* is one of the segments, made of brittle cast-iron ; c, c, and c,
are disks of sheet-iron, around which the cast-iron is poured. The
cast-iron does not adhere to the cold wrought-iron, and the segment
when taken from the mold is an arch, the voussoirs of which are of
cast-iron. These voussoirs are connected at the back, the wrought-
iron partitions not coming quite through to the back of the arch.

Nine of these segments are placed together, forming a body, the
exterior orifice of which is to fit the interior of the outer shell. The
interior space is filled with sand. This mass of segments and sand
forms the core of the shell. A mold is now made, and the shell com-
pleted as if an ordinary sand-core had been used. It is evident that
the shell is very strong to resist pressure from the exterior, but very
weak in the opposite direction. The principle may be applied to pro-
jectiles for either muzzle-loading or breech-loading guns. When used
for muzzle-loaders, the same arrangement is adopted by Mr. Breton
as in the case of the projectiles for the Blakely gun.

I have met Captain Blakely and have conversed with him about his
gun. As yet I have failed to see anything in his principle which
would cause me to purchase his cannon. He uses the same principle
that Armstrong employs — of wrapping an interior core with wrought-
iron spirals— and in fact he claims the merit of the invention. The
chief difference appears to be that Captain Blakely uses a cast-iron
core, while Sir William has a wrought-iron centerpiece. The North-
ern States have purchased some Clay breech-loaders, I am informed,
at enormous prices. From the accounts I have received of them, and
from a cursory inspection of one, I should think the men about the
breech would stand a little better chance than the enemy, but that the
difference would be very slight. I am told that they were invoiced as
Armstrong guns. The true Armstrong cannot be had. I think, how-
ever, that they can be manufactured from the drawings which I shall
send to the Department.

I am, very respectfully, your obedient servant,

C. HUSE,
Ca'ptain, C. S. Army.

Tallahassee, Fla., 3fay 21, 1861.
Hon. L. P. Walker:

Dear Sir: As we are in want of arms and munitions of war, and
cannot procure them from abroad through the usual channel of our
own ports in consequence of the blockade, allow me to suggest to you
the feasibility of making use of the neighboring Mexican port of Mat-
amorasfor that purpose. An agent in England might purchase all
the articles i-equired by us and consign them to a similar agent in
Matamoras, whence they could be readily sent across the Rio Grande

* Diagram omitted,

CONPEDEKATE AUTHORITIES. 347

into Texas and then distributed by land conveyance to any part of
the Confederate States. This might be attended with some expense,
but in time of need we must do the best we can. I presume the Gov-
ernment of Mexico would throw no unnecessary impediment in the
way. Of course, the whole proceeding would have to be managed in
the most secret manner and the part of the Government of the Con-
federate States not known [in] it.

Hoping you will receive these suggestions in the spirit with which
they are dictated,

I am, yours, most respectfully,

WM. F. ROBERTSON.

MiLLEDGBVILLE, May 21, 1861.

Hon. L. P. Walker:

Your letter received. The saltpeter and sulphur now worth in mar-
ket twice what the State paid. You must take it and the ordnance
and ammunition and boat together at the price the State paid for all.
WiU accept C. S. bonds for price of boat; balance in cash.

JOSEPH E. BROWN.

Montgomery, Ala., May 21, 1861.
Hon. Jefferson Davis,

President Confederate States of America:
Sir: Desirous of contributing by every means in my power to the
defense of my country, and believing I had perfected a plan by which
the enemy's blockading navy might be driven from our coasts, I have
visited the capital, bringing with me my plans and models, which I
have for several days had exposed before the Secretary of the Navy.
I am not informed if that gentleman thinks favorably of them or not,
or, if he has, what he deems a more feasible plan than mine which he
can put in execution in a reasonable time. I have had a long experi-
ence as a boatman on all the rivers of the South. I also have some
experience with gulf and sound navigation, and basing my calculations
upon experience and not upon theory, I assure you that I am satisfied
of the success of what I propose. We have no time, place, or means
to build an effective navy. Our ports are, or soon will be, all block-
aded. On land we do not fear Lincoln, but what shall we do to cripple
him at sea ? In this emergency, and seeing that he is arming many
poorly adapted vessels, I have for two months past been entirely
engaged in perfecting plans by which I could so alter and adapt some
of our heavy and powerful tow-boats on the Mississippi as to make
them comparatively safe against the heaviest guns afloat, and by pre-
paring their bow in a peculiar manner, as my plans and model will
sliow, render them capable of sinking by collision the heaviest vessels
ever built. I had hoped to have been able to have satisfied the proper
Department of the Government to have fit out three such boats as I
propose (which would be sufiScient), inasmuch as the expenditure
would be of the whole, including purchase of the boats, alterations,
and outfit, only about $200,000. I have examined nearly all of the
boats and propellers about the port of New Orleans. There are not
many well adapted on account of their machinery ; still there is suffi-
cient amongst them for our use. I would not contemplate going far
to sea; it would not be necessary; still our boats would be competent

348 CORRESPONDENCE, ETC.

to do so on short excursions of 50 or 100 miles. It would be tedions
to give in full my plans for operating with our boats when ready. It
would be mainlj' in the night, and b}' precipitate and silent approach.
I have offered, and do again offer, to oiir Government my plans and
my services to assist to prepare such boats, and to go in them when
ready free of any remuneration. Should the Government, however,
not deem it practicable, and not be disposed to fit out such boats, I
shall with some associate attempt it as a private enterprise under an
act which our Louisiana delegation is getting passed, and which was
suggested by me, giving a fair compensation for the sinking of war
vessels of the enemy, and I predict that under the act alluded to
many adventures will be fit out by private enterprise, and that in this
way the Government will find springing into sudden existence a very
powerful means of defense.
Respectfully, youi-s,

JNO. A. STEVENSON,
51 Carondelet Street, New Orleans.

P. S. — I leave for New Orleans this evening, but have left my draw-
ings and model in the office of the Secretary of the Navy.

J. A. S.

Special Orders, ) Adjt. and Insp. General's Office,

No. 56. j Montgomery, May 22, 1861.

*******

V. Brig. Gen. S. Cooper is assigned to duty as Adjutant and
Inspector General from March 16, 1861.

* * * * ^ * * *

By command of the Secretary of War:

JNO. WITHERS,

Assistant Arljutant- General.

Montgomery, May 23, 1861.
(rovernor Joseph E. Brown,

MillsdgeviUe :
General Wayne, in his letter of the 7th, distinctly stated that we
should have saltpeter and sulphur. You now lequire ine to take ti'e
steam-boat, for which we have no use. I trust you will not insist on
what under the circumstances is impossible.

L. P. WALKER.

Confederate States of America, War Department,

Montgomery, May 22, 1801.
His Excellency Joseph E. Brown,

Governor of Georgia:
Sir : I have the honor to acknowledge Yoiir Excellency's favor of
the 15th of May, and can well appreciate the embarrassment under
which Your Excellency labors in respect to the apparent conflict of
1 he rules of this Department as to .periods of service in the Army, but
.-! brief explanation of the matter, I feel quite sure, will relieve this
<lifficultyin your mind. Congress in th(> beginning, as you are aware.

CONFEDERATE AUTHORITIES. 349

and the raising of "provisional forces." Afterward a further bill was
passed to "provide for the public defense," under which requisitions
were authorized for troops to serve twelve months. More recently
amendatory acts have been passed, giving to this Department the
discretionary power to receive forces for the war.

So long as hostilities with the North were only apparent, this Depart-
ment proceeded to act simply in the line of the organization of the
Regular Army, and in providing temporary forces for the recovery of
our forts, arsenals, and dock-yards; but, with the reduction of Sum-
ter, it soon became necessary to make requisitions, under the act to
provide for the piiblic defense, for troops to serve for the more extended
period of twelve months. While this Department was thus engaged
in receiving companies, battalions, and regiments, it was scrupulous
not to accept independent corps, and it always replied to such offers,
as it did to Colonel Gartrell, that no troops could be received from
within the limits of the Confederate States save through the several
State Executives. The Congress now assembled, and in view of the
pi-oclamation of Mr. Lincoln at Washington calling for enrollments
for three years and enlistments for the war, indicating preparations
on the part of the enemy for a prolonged contest, our representatives,
in their wisdom, passed amendatory laws authorizing this Department
to receive volunteei's for the war. They moreover, in order to facili-
tate the formation of forces capable of meeting the enemy, invested
this Department with the further power of accepting direct tenders
without the intervention of State executive authority.

It should not be forgotten that these things have all transpired in
the course of three months, the one rule and the one line of action
following rapidly upon the heel of the other and being well calculated
to create the impression of a want of persistency in the Government
upon the subject of military services. The determination of this
Department finally reached, in view of the whole question in its mul-
tiplied relations, is that troops armed and equipped by the Govern-
ment must serve for the war, but volunteer corps may be received to
serve for twelve months who present themselves ready armed and
equii)ped. It is properly the policy of the Government to arm those
troops that are willing to serve for the war in preference to those who
offer only for twelve months. The supply of arms is not superabun-
dant, and from present indications it is believed that the number
offering for the war will be more than suflicient to exhaust our supply
of arms. This result may follow without giving us all the men in the
field we desire to place there, and the deficiency may be supplied by
receiving troops, already armed and equipped, to serve for twelve
months.

It is evident the Government at Washington is preparing for a pro-
longed and bloody war. The proclamation of Mr. Lincoln calling for
enrollments for three years and enlistments for the war clearly shows
a resolution to convert all their forces from the character of raw mili-
tia and volunteers into trained and disciplined regulars. Through
this movement Your Excellency will perceive they at one and the
•same time inure their troops to campaign life and the battle-field and
promote economy of administration. Their calculation is that often
heretofore made, and was notably practiced by the Roundheads against
the Cavaliers through the genius and skill of Cromwell. It is sup-
posed now, as then by that great captain, that the impetuosity and
superior dexterity of our men in the use of arms will cause the earlier
victories to lean to our side, but that trained, disciplined, and solid
battalions will prove in the end triumphant. Nor will it be denied

350 CORRESPONDENCE, ETC.

that the heaviest relative expense of an army is demanded during the
year of its general enrollment and equipment. For us to disband
each of our regiments at the end of twelve months' service would be
to entail upon the Government the largest yearly expenditures and to
keep our armies constituted for the most part of raw recruits, while
the adversaiy was constantly diminishing his relative expenditures
and advancing more and more in every element that constitutes effect-
iveness. Under these circumstances we should of course, as near as
may be done and as we have been doing from the first, confoi-m our
peiiods of service in the field to those of the enemy, thus at all times
securing for our soldiers the advantage of their original superiority.

With this exposition before you I trust Your Excellency will think
proper to countermand General Orders, No. 8, issuing from the office
of your adjutant-general. * That Your Excellency caused these orders
to issue under misapprehension as to the action of this Department I
have never doubted. If they had been issued because of attempts
made by this Government to enlist troops in Georgia under the act of
Congress "to provide for the public defense," and the requisitions of
the President in accordance therewith, without consultation with Your
Excellency or regard to your wishes, they would be considered here,
however impolitic, as sternly just. But presented in the face of the
law of Congress, which anticipates and permits the arming of troops
by the States from whence they are called by this Government, and
in negation of the recent acts of Confederate wisdom empowering
this Department to receive volunteer corps without intermediate con-
sultative delays, I cannot do otherwise than express my profound
regret at their existence. In the passage of the laws of Congress
controlling this Department the representatives of Georgia con-
curred, and I assure Your Excellency I know of no consideration
extended elsewhere by the Confederate Government and withheld
from Georgia. Every effort of State as weU as Confederate authority
is demanded for the maintenance of our independence of a power
whose chief element of political rule is the sword of despotism, and
yet under these orders companies in Georgia armed for the desperate
struggle are disarmed by Your Excellency. I sincerely hope Your
Excellency will consider them no longer necessary either to the security
or dignity of Georgia.

I have the honor to be, with high consideration and respect, your
obedient servant,

L. P. WALKER.

AN ORDINANCE for the relief of such citizens of the State of Arkansas as may-
be engaged in the military service of the State of Arkansas or of the Confederate
States.

Section 1. Beit ordained by the people of the State of Arkansas in
convention assembled. That hereafter no writ of attachment shall issue
against the property of any citizen of this State, unless the creditor or
some other person for him shall, in the affidavit now required by law,
further state and swear that the defendant is not engaged in the mili-
tary service of the State of Arkansas or of the Confederate States.

Sec 2. Be it further ordained, That service of any writ or notice
upon a citizen of this State who is engaged in the military service of
this State or the Confederate States shall be by delivering to such
person a true copy of such writ or notice, and such service may be

*See Series I. Vol. LU, Part H, p. 97.

CONFEDERATE AUTHORITIES. 351

proven by any of&cer now authorized by law to serve process or by
the return of any commissioned military oflQcer of this State or the
Confederate States.

Sec. 3. Be it further ordained, That it shall be good cause for con-
tinuance of any cause pending in any court that a defendant is in the
military service of this State or the Confederate States, that he has
a meritorious defense, and that the same cannot be made without his
personal attendance, which facts shall be verified by affidavit of the
defendant or some person for him, and that the affidavit provided for
in this section may be made before any military officer in the service
of this State or of the Confederate States, or any civil officer author-
ized by any State in the Confederacy to administer oaths without
further authentication.

Sec. 4. Be it further ordained. That all statutes of limitation and
non-claim be suspended in favor of and against all persons engaged
in the military service of this State or of the Confederate States
during the time of their service.

Sec. 5. Be it further ordained, That no execution shall issue against
the property of any citizen of this State while in the military service
of this State or of the Confederate States, unless the plaintiff or some
other person for him shall, at the time of applying for such writ,
make and file an affidavit that the property of the defendant is about
to be removed from the county, the truth of which allegation may be
tried by a jury when demanded by the defendant or some person for
him before the tribunal to which such execution or process may be
made returnable.

Sec. 6. Be it further ordained. That in any case where a suit may
be pending, or may hereafter be instituted, in any court in this State,
against two or more persons, a part of whom may be in the military
service of the State of Arkansas or of the Confederate States, it shall
be lawful for the plaintiff or plaintiffs to dismiss said suit as to such
of the defendants as may be engaged in such military service, and
proceed against the others to final judgment and execution, as now
provided for by law.

Sec. 7. Be it further ordained. That in aU cases where it shall
appear that the judgment debtor in service is not the sole principal
debtor, an execution may issue by order of court, after notice against
the remaining judgment debtors, but not against the i)erson in such
service.

Sec. 8. Be it further ordained, That in all cases where an execution
shall be issued against a person who shall thereafter, before sale, enter
the military service of this State or of the Confederate States, the
officer having said execution shall not enforce the same against the
property of such person.

Sec. 9. Be it further ordained. That nothing in this ordinance shall
be so construed as to prevent the due collection of taxes.

Sec. 10. 5e t< /writer ordame(?. That this ordinance may be repealed
in part or in whole, by legislative enactment, and shall be in force from
and after its passage.

Adopted and passed in and by the convention on the 23d day of
May, A. D. 1861.

DAVID WALKER,
President of the Convention of the State of Arkansas.

Attest.

ELIAS C. BOUDINOT,
Secretary of the Arkansas State Convention.

352 rORKESPONDENCE, ETC.

AK ORDINANCE to suspend the operations of an act of the General Assembly
entitled "An act amendatory of the militia laws of the State of Arkansas,"
approved the 21st of January, 1861.

Section 1. Be it ordained by tlie people of the State of Arkansas in
convention assembled. That the act of the General Assembly of said
State, approved on the 21st day of January, A. D. 18(J1, entitled "An
act amendatory of the militia laws of the State of Arkansas," be, and
the same is hereby, siispended until the further order of this conven-
tion or of the General Assembly of this State.

Sec. 2. Be it further ordained. That the auditor of public accounts
be, and he is hereby, prohibited from drawing warrants on the treas-
urer under the provisions of said act while the same is suspended, as
provided in the first section of this ordinance.

Sec. 3. Be it further ordained, That this ordinance be in force from
and after its adoption.

Adopted and passed in and by the convention on the 2.3d day of
May, A. D., 1861.

DAVID WALKER,
President of the State Convention of Arkansas.

Attest.

ELIAS C. BOUDINOT,

Secretary of the State Convention of Arkansas.

Montgomery, May 2S, 1861.
Governor M. S. Perry,

Tallahassee, Fla.:
I have accepted the regiment armed and equipped. If you can arm
another regiment I will accept it, but cannot do so unless you do.
The regiment I accepted was ordered for duty in your State.

L. P. WALKER.

Aberdeen, May 3S, 1861.
Hon. Jefferson Davis:

Dear Sir: The future policy of the Government in regard to the
acceptance of volunteers demands immediate and explicit explanation.
The various and conflicting reports upon the subject, in this county
at least, and I presume generally, are greatly dampening and derang-
ing the spirit of our people and the position of enlisted volunteers.
It also has confused that definiteness of object and accuracy of infor-
mation by which we have been able to satisfy the questionings of the
masses. I have taken an active part in all the movements and dis-
cussions in this county. Five companies have been raised of about
100 each. One was called into actual service some time since ; another
has received its summons to tlie field to-day. It is now declared that
no more troops for twelve months will be accepted. I have seen the
order of the Department, said to' be in sj'nopsis, saying that troops
for three years or during the war would be accepted by the General
Government upon a direct tender. The idea of a determination not
to accept twelve-months' troops, with a variety of qualifications, con-
ditions, &c. , is now prevalent among our troops and people. What
are the facts, all the facts, the whole truth, I am not advised. Under
this uncertainty you will perceive that the drill that was going on with
our present companies has stopped. Further enlistments, speeches,
and public gatherings have stopped. The making of uniforms and
the snbscriliins' of monev have .'jtonned. In a, word, all the comnanies

CONFEDERATE AUTHORITIES. 353

in this county volunteered for twelve months, and if no other call for
volunteers upon the States for that length of time will be made, then
is our past labor in vain. The companies will have to be disbanded
and reorganized upon the basis decided by the Government. I pre-
sume that the action of the Department relates simply to such volun-
teers as shall be tendered directly to the General Government, leaving
such requisitions as may be made upon the States to be filled upon
such terms as may be obtained. If I am apparently criminally igno-
rant of facts, for information in regard to which I am now trespassing
upon you, my almost constant absence from home and inability to
obtain on my return even the newspapers of the day must plead in
extenuation of my ofEense. I am clearly in favor of obtaining volun-
teers for the war, but it is now a most delicate step. After so long a
peace, and in view of the sacrifices made by so large a portion of our
volunteers in leaving home at all, the idea of an indefinite absence or
a protracted absence is not eagerly embraced by the comparatively
lethargic masses of our rural population. The pride of intellect,
position, and education will only acutely feel its necessity and spring
with alacrity to a post of such danger and sacrifice. Again, the honor
of the position will be vastly dimmed and depressed by its contrast
with the higher post of a soldier for the war. It might be that but
few would enlist for the war and none for a less term of service, but
the incalculable advantage of such an organization over the gathering
and dissolving scenes which take place in an army under limited and
short enlistments of its soldiery, I believe justify an attempt to reor-
ganize companies already formed for twelve months' service upon the
more permanent basis. But I am writing too much and about matters
wth regard to which I have little knowledge. Give me the informa-
tion sought, advise what is best, and at your earliest convenience.
Governor Pettus, it is stated, has declared his determination not to
accept any more twelve-months' volunteers. If that be so, then twelve-
months' volunteers are at an end. It seems to me this was not an
advisable step unless he has full and certain information that he can
get all yoii may ever want of another description. My information in
this section of the State is not of that character. I may not rely as
implicity upon the ardor and enthusiasm of the masses as others; and
let the leaders in the States whose breasts are charged with the elec-
tricity of the war cloud not make their own maddened pulses the
standard by which to estimate the temperament and emotions of the
vast masses of the peaceful peasantry of the country. But enough.
Yours, sincerely,

JAMES PHELAN.

[Indorsement.]

General CooPER:
Please make a full and definite reply.

J. D.

Raleigh, N. C, May 23, 1861.
His Excellency Jefferson Davis,

President Confederate States of America:
Sir: It is made my pleasing duty, as president of the North Caro-
lina State convention, to transmit to you two ordinances,* unani-
mously passed by that body, and I have charged T. B. Venable, esq.

»SeeMay30, pp. 335, 336.
23 R R — SERIES IV, vol. T

354 CORRESPONDENCE, ETC.

(special messenger), with the delivery of the same. I avail myself of
the occasion to express the very high gratification I feel in being
able to announce to you the accession of this ancient State to the
Confederate States of America; and most devoutly do I pray that
this union, strengthened by all the kindred ties of climate, pursuits,
and institutions, may perpetually "promote the general welfare and
secure the blessings of liberty to our people and their posterity."

To which I beg leave to add assurances of the very high consider-
ation with which I am, jovir obedient servant,

W. N. EDWARDS,
President of the Convention.

Nev7 Orleans, May 24., 1861.
L. P. Walker:

Fourth Regiment is ready. Lieutenant Phifer says his instructions
are to muster it in for the war. It was accepted for twelve months
by your dispatch of May 16. Have the proper order issued to the
mustering officer.

T. O. MOORE.

Montgomery, May 24, I8GI.
Collector F. H. HATCH,

New Orleans:
Ship Windsor Forest cleared from Liverpool on 27th of April, with
munitions of war for this Government. Her charter was for Quebec;
really, however, for Southern port. Her real course to the Gulf lies
by the south side of Cuba. She will be near Cape San Antonio by
the 1st of June. She should be advised of blockade. Can you put
pilot-boat on this duty?

L. P. WALKER.

Montgomery, May 24, 1861.
Governor John Letcher,

Richmond:
Can you arm 5,000 troops from Confederate States ?

L. P. WALKER.

Richmond, May 24, 1861.
Hon. L. P. Walker:
We can arm 5,000 troops with flint-lock muskets.

JOHN LETCHER.

General Orders, ) War Department,

V Adjt. and Insp. General's Office,
No. 8. ) Montgomery, Ala., May 25, 1861.

The several bureaus of the War Department, together with the
officers attached thereto, will with the least delay practicable move
to Richmond, Va. , where they wiU take post until further orders.
By command of the Secretary of War:

S. COOPER.

CONFEDERATE AUTHORITIES. 355

[Mat 25, 1861. — For Walker to Johnson et al. (military commis-
sion of Arkansas) in relation to acceptance of two regiments for the
Confederate service, see Series I, Vol. Ill, p. 584.]

Confederate States of America, War Department,

Montgomery, May 25, 1861.
His Excellency Joseph E. Brown,

Governor of Georgia, MilledgeviUe:
Sir: Understanding your resolution not to permit any troops in
Georgia now armed by you to leave that State with their arms, and
the immediate necessities of the public service requiring troops that are
armed, while this Department has but a limited supply of muskets at
its disposal, I have to say to Your Excellency that all the regiments
you will present armed and equipped will be received into the Confed-
erate service for twelve months, although it is highly desirable they
should be enrolled for the war. I trust Your Excellency, with your
usual promptness of action, will respond to this overture.
Respectfully,

L. P. WALKER.

Montgomery, May 25, 1861.
Governor Thomas O. Moore,

New Orleans:
How many regiments for the war can you arm and equip, and if
not for the war for twelve months?

L. P. WALKER.

New Orleans, May 25, 1861.
L. P. Walker:

I have three regiments for the war. My twelve-months' companies
were disbanded j^esterday. Let me know how many twelve-months'
regiments you want. I may be able to stop my disbanded companies.
Call on me for twelve-months' men — one, two, or three regiments, if
you want that many. Whatever I can furnish I wiU. I am sure I
can furnish three, unless the men are so demoralized by the necessity
I was under to disband them that they may refuse to go;_ but call for
what you want. Answer immediately.

THO. O. MOORE.

Montgomery, May 26, 1861.
Governor Thomas O. Moore,

New Orleans:
I am much obliged for the three regiments for the war. WiU take
any number armed and equipped for twelve months. Want of arms
necessitates this change. Troops for the war you will order to Rich-
mond as fast as they are mustered into the service. I leave for Rich-
mond Monday night.

L. P. WALKER.

356 CORRESPONDENCE, ETC.

CusTOM-HousE, Collector's Office,

New Orleans, May 25, 1861.
Hon. L. P. Walker,

Secretary of War, Montgomery, Ala.:
Sir: Your dispatch of yesterday came to hand last night. My pur-
pose was quickly taken, viz, to ask unlimited control of the light
schoonei- W. R. King; to transfer her to a British subject, and clear
her under the British flag for Santiago de Cuba or some port in the
West Indies in ballast, and dispatch her under sealed orders in charge
of a reliable man, to cruise in the line of the course indicated for the
Windsor Forest. My arrangements are all made, stores are ordered,
my men selected, and one of our most respectable English merchants
has agreed for the time being to assume the ownership of the vessel.
I now only wait an answer to my dispatch of this morning for authority
to act. The schooner by good fortune is now lying at Berwick's Bay,
making her departure more secure and certain. In all this I have
acted in consultation with Commander Semmes, in whose good judg-
ment and discretion I have great confidence. I consider this plan
safe, expeditious, and economical. The propriety of sending a fast
steamer to take the Windsor Forest in tow or to convoy her to some
safe port will be the siibject of a future letter.
Very respectfully, your obedient servant,

F. H. HATCH,

Collector.

[May 25, 1861. — For Harris to Walker, in relation to the organiza-
tion of troops in Tennessee, and their disposition in view of the
military situation, see Series I, Vol. LIT, Part II, p. 108.]

Headquakters Virginia Forces,

Richmond, Va., May 26, 1861.
His Excellency <3ovemor Brown,

Of Georgia:
Sir: I deem it proper to call your attention to the fact that many of
the volunteer companies from your State have arrived at Richmond
without arms. The demand upon Virginia has been so great that all
arms have been exhausted, except the old flint-lock muskets. It is
apprehended that the troops thus provided will not do themselves jus-
tice, opposed to an enemy whose arms are so much superior. I thought
it probable that you would like to provide the men of your State with
such better arms as may be at your disposal, and therefore take the
liberty of biinging this matter to your notice. The proximity of Vir-
ginia to the scene of action has induced the organization of a large
force of cavalrj', in consequence of which all the cavalry arms and
equipments have been exhausted. If, then, you have to spare any
pistols, carbines, or equipments for that arm, you would greatly
further the common cause by sending them to Richmond. Allow
me to express the hope that you will give these matters your early
attention.

I am, &c.,

R. E. liEE,
Major- General, Commanding.

CONFEDERATE AUTHORITIES. 357

[May 27, 28, 1861.— For proceedings of the Military Board of
Arkansas, in relation to raising troops and the defense of the State,
see Series I, Vol. LIII, p. 691.]

New Orleans, May 27, 1861.
L. P. Walker:

The Fourth Regiment has been mustered into your service. Do they
go to Ship Island ? If not, say where, and issue orders for transpor-
tation. The Fifth and Sixth Regiments ready to be mustered into
service.

THO. O. MOORE.

Confederate States of America, War Department,

Montgomery, May 27, 1861.
James Phelan, Esq.,

Aberdeen, Miss., and
Judge William M. Brooks, Marion, Ala.:

Gentlemen: Your letters of the 13th and 23d of May, addressed to
the President, have been referred to this Department for answer.
In reference to the change of policy of this Department with regard
to volunteers received into the Confederate service, of which you
complain, I have to say that the proclamation of Mr. Lincoln calling
for enrollments for three years and enlistments for the war, indicating
a determination on the part of the Government at Washington to
prepare for a protracted struggle, demanded adequate preparations
on our side to meet the issue thus presented, which, happily, the
amendatory acts of Congress investing this Department with the
discretionary power to receive volunteers for the war enabled us to do.
You will readily perceive that while the enemy bj"^ their movement
were yearly increasing the effectiveness of their forces by changing
their character more and more from that of raw recruits and militia
into that of regulars and veterans, we should have been maintaining
throughout the war, without this change of policy, an inexperienced
and undisciplined army. Nor is this all. The largest relative
expense of an army is incurred during the year of its several enroll-
ment and equipment. While, therefore, the enemy by their system
were diminishing their relative annual expenditures, we should have
been laboring continually through the twelve months' system under
the heaviest relative annual outlay. But apart from thfese consider-
ations there exists another reason still more controlling, demanding
the change of policy of which you complain. The arms in possession
of this Department are not superabundant, and it was an object of
the first importance to husband those at our command as far as pos-
sible. This point was gained through the act of Congress permitting
volunteers to be accepted for the war. By receiving volunteer tenders
only for the war it must be seen we greatly economized our arms and
at the same time were enabled to dispense with the further organiza-
tion of the Regular Army, as the volunteers thus accepted were placed
at once in process of conversion into regulars. The enormous outlay
necessary to the complete organization of the Regular Army has been
thus saved to the Government, for the present at least, in addition to
the immense saving in respect to arms. It was, moreover, esteemed
wise, in view of the policy of converting our volunteers into regulars

358 CORRESPONDENCE, ETC.

for the war and regarding the high moral character of onr volun-
teer soldiery, not to Commingle with the service enlisted troops of a
less elevated moral standard, which must have followed from the
organization of the regular Army. I have every reason to hope we
shall soon receive a full supply of arms for every branch of the serv-
ice; but in the meantime the rules guiding our action in relation to
the reception of volunteers into the Confederate service may be briefly
stated. Where troops offer for the war they are armed by this
Department at the time they are mustered into service. Where
the tender is made for twelve months only they are required before
being mustered into service to arm themselves.
Resi)eetfuUy,

L. P. WALKER,
Secretary of War.

Richmond, May 27, 1861.
President Davis:

In reply to your letter of the 23d instant, received this morning, I
send the advice of the council. It has been communicated to Governor
Ellis by me :

The cotmcil advise that so much of the Harper's Ferry machinery adapted to
the mannfacture of rifles as can, in the opinion of the ordnance department, he
spared without inconvenience to the service of the State, and as can be promptly
and advantageously employed at Payetteville, be loaned to the State of North
Carolina for the purpose of immediately commencing the manufacture of small-
arms at that point, and that the Governor of that State be invited to send suitable
machinists to Virginia to take charge of so much of said machinery as it may be
desirable and expedient to transfer to Fayetteville for the above-namea purpose.

Approved May 22, 1861.

JOHN LETCHER.

Executive Department, May 28, 1861.
Hon. L. P. Walker,

War Department, Montgomery :
Sir: When I had the honor of addressing you on the 2oth instant*
I flattered myself with the hope that I should experience no difficulty
in inducing some four of our volunteer regiments already organized
to muster into the service of the Confederate States at once, and by
that means secure the use of the 4,000 guns you had the kindness to
send me ; but upon submitting the proposition to any one of our regi-
ments or companies I find many members ready to' bo mustered into
the service at once, but others objecting, and to attempt to carry out
the policy is to disorganize regiments and companies and to a great
extent demoralize the force now so necessary to the service of the
State and the Confederate States. This I am unwilling to do. Hence
the regiments for the Confederate States must be raised for that
especial purpose, which will take some time, during which, under
your order, the guns you sent me are lying idle, while I have several
thousand men organized and ready for the field (already mustered
into the service of the State), but unarmed, with a powerful enemy
menacing us every moment. If you can, consistent with your sense
of duty, relax the rule laid down in your dispatch of the 20th instant
so far as to allow me to put these guns into the hands of our State
troops, I assure you that they shall be withdrawn from them and

»Sefi Sfirifis T Vol. T,TT. Part II. T). 108.

CONFEDERATE AUTHORITIES. 359

placed in the hands of the regiments raised for the Confederate States
the moment these regiments are raised and mustered in. Nothing
short of the imperative necessity of the case before me would induce
me to trouble you with this request; but believing as I do that it is a
matter of the highest importance to the successful defense of the Con-
federate States, as well as the State of Tennessee, I feel that it is a
dutj' to iirge it.

Respectfully,

ISHAM G. HARRIS.

Have the kindness to answer by telegraph.*

I. G. H.

Fort Smith, Aek., May 29, 1861.
Hon. Robert Toombs,

Secretary of State, Confederate States of Amerioa:

Sir: I leave 4his morning for Tahlequah, the seat of government of
the Cherokee Nation, and Park Hill, the residence of Governor Ross,
the principal chief. Since 1835 there have always been two parties
in the Cherokee Nation, bitterly hostile to each other. The treaty of
that year was made by unauthorized persons, against the will of the
large majority of the nation and against that of the chief, Mr. Ross.
Several years ago Ridge, Boudinot, and others, principal men of the
treaty party, were killed, with, it was alleged, the sanction of Mr.
Ross, and the feud is to-day as bitter as it was twenty years ago.
The full-blooded Indians are mostly adherents of Ross, and many of
them — 1,000 to 1,500 it is alleged — are on the side of the North. I
think that number is exaggerated. The half-breeds or white Indians
(as they call themselves) are to a man with us. It has all along been
supposed, or at least suspected, that Mr. Ross would side with the
North. His declarations are in favor of neutrality. But I am
inclined to believe that he is acting upon the policy (surely a wise
one) of not permitting his people to commit themselves until he has
formal guarantees from an authorized agent of the Confederate States.
These I shall give him if he will accept them. General McCulloch
will be with me, and I strongly hope that we shall satisfy him, and
effect a formal and firm treaty. If so, we shall have nearly the whole
nation with us, and those who are not wiU be unimportant. If ho
refuses he will learn that his country will be occupied; and I shall
then negotiate with the leaders of the half-breeds who are now rais-
ing troops, and who will meet me at the Creek Agency, on Friday of
next week. Several of those living near here I have already seen.

On Wednesday of next week I will meet the chiefs of the Creeks at
the North Fork of the Canadian. I will then fix a day for a council
of the Creeks, and go on to meet the Choctaws at Fort Washita.
When I shall have concluded an arrangement with them I will go to
tlie Chickasaw Country, and thence to the Seminoles.

I hope to meet the heads of the Wichitas, Caddos, lowas, Tonca-
wes, Delawares, Kickapoos, and Reserve Comanches at Fort Washita.
I have requested their agent to induce them to meet me there. The
Creek chiefs have a council with the wild Indians, Comanches and
others, high up on the North Fork of the Canadian, on the 10th prox-
imo. I shall endeavor, through the Cre6k chiefs, to have an inter-
view with the heads of the wild tribes at Fort Washita and induce

*Eeply, if any, not found.

360 CORRESPONDENCE, ETC.

them to come in and settle on the reserve upon the False Washita
River near Fort Cobb.

As I shall be absent from this post some six weeks or more, it is
not likely that I shall be able to give you frequent advice of my
movements. There are no mails in the Indian country and I shall
have to employ expresses when I desire to send on letters.

We shall have no difficulty with the Creeks, Seminoles, Choctaws,
and Chickasaws, either in effecting treaties or raising troops. The
greatest trouble will be in regard to arms. Not one in ten of either
of the tribes has a gun at aU, and most of the guns are indifferent
double-barreled. I do not know whether the Bureau of Indian
Affairs is a part of the Department of State, and of course whether
this is properly addressed to you. I do not address the Commissioner
because I understand he is on his way hither. The suggestions I
wish to make are important and I venture to hope that you will give
them their proper direction. I have already spoken of arms for the
Indians. Those arms, if possible, should be the plain.muzzle-loading
rifle, large bore, with molds for conical bullets hollowed at the trun-
cate4 end, which I suppose to be the minie-ball. Revolvers, I am
aware, cannot be had, and an Indian woiild not pick up a musket if
it lay in the road.

Our river is falling and wiU soon be low, when steam-boats will not
be able to get above Little Rock, if even there. To embody the
Indians and, collecting them together, keep them long without arms
would disgust them, and they would scatter over the country like
partridges and never be got together again. The arms should, there-
fore, be sent here with all speed.

No funds have been remitted to me, nor have I any power to pro-
cure or draw for any, for my expenses or for those of the councils I
must hold. It has always been customary for the Indians to be fed
at such councils, and they will expect it. I have borrowed $300 of
Mr. Charles B. Johnson, giving him a draft on the Commissioner of
Indian Affairs, for incidental expenses, and if I have a council at
Fort Washita shall contract with him to feed the Indians. I have
seen Elias Rector, late superintendent of Indian affairs at Fort
Smith, and William Quesenbury, appointed agent for the Creeks by
the Government at Washington, but who did not accept, and Samuel
M. Rutherford, agent for the Seminoles, who forwards his resignation
immediately; and have written to Matthew Leeper, agent for the
Wichitas and other Reserve Indians; and have formally requested
each to continue to exercise the powers of his office under the Con-
federate States. They are all citizens of Arkansas and Texas and
have readily consented to do so.

If we have declared a protectorate over these tribes and extended
our laws over them we have, I suppose, continued in force there the
whole system. Even 'if we have not we cannot dispense with the
superintendent and agents. I shall also see Mr. Crawford, agent for
the Cherokees, and request him to continue to act, as I have requested
Colonel Cooper to do as agent for the Choctaws and Chickasaws.
Unless all this were done there would be vast discontent and con-
fusion, and I therefore earnestly request that my action may be
immediately confirmed and these officers assured that they shall be
continued, and that their compensation shall be the same as under
the United States and date from the day of the resignation of each or
of his acceptance of office under the Confederate States. And I also
strenuously urge that no changes be made in these offices. The

CONFEDERATE AUTHOKITIES. 361

incumbents are all good men and true, competent, and honest, and
are, or will be, very acceptable to the Indians. To make changes
will be to make mischief.

Mr. Charles B. Johnson is feeding the Wichitas and other Reserve
Indians under a contract which ends on the 30th of June. I have
instructed him to continue feeding them during the present season
under the same contract, i. e., on the same terms, which I know to
be reasonable.

It is very important that some funds should be at my disposition.
The State of Arkansas has furnished me an escort of a company and
General McCulloch has procured me transportation. To meet con-
tingent expenses it is necessary that at least $1 ,000 should be placed
here subject to my draft; and, as I have several times urged, money
should be placed in the proper hands to pay a bounty to each Indian
that enlists.

I wish I had more definite instructions and power more distinctly
expressed, especially power in so many words to make treaties and
give all necessary guarantees. For without giving them nothing can
be done, and I am [not] sure that John Ross will be satisfied with my
statement or assurance that I have the power, or with anything less
than a formal authority from the Congress. He is very shrewd. If
I fail with him it will not be my fault.

I have the honor to be, sir, very traly and respectfully, yours,

ALBERT PIKE,
Commissioner, &c.

[Tallahasse, Fla.,J May 29, 1861.
[Hon. L. P. Walker,

Secretary of War:']
I have two regiments organized for the defense of the State and one
for Virginia. Please answer.

M. S. PERRY.

Richmond, Va., May 29, 1861.
Governor Joseph E. Brown,

Atlc.nta, Ga.:
Troops, armed and equipped, ammunition included, are much
needed. Please urge such forward with all practicable dispatch.

JEFF'N DAVIS.

Atlanta, Ga., May 29, 1861.
President Jefferson Davis:

Will hasten through the two regiments on hand, armed with mus-
kets of 1842, with all possible dispatch. Will order to you, by express
from Milledgeville, 10,000 ball and 10,000 buck-and-ball cartridges.
Will continue to do all I possibly can to aid you.

JOSEPH E. BROWN.

[May 29, 30, 1861. — For correspondence between Davis and Pick-
ens in relation to forwarding South Carolina troops to Virginia, see
Series I, Vol. LI, Part II, pp. 119-121.]

362 CORRESPONDENCE, ETC.

[May 29 and June 3, 1861. — ^For correspondence between Davis and
Ellis in relation to forwarding North Carolina troops to Virginia, see
Series I, Vol. LI, Part II, pp. 119, 127.]

AN ORDINANCE to provide for the relief of the families of volunteers in actual

service in certain cases.

Section 1. Be it ordained by the 2)eople of the State of Arkansas
in convention assembled, That the county courts of this State be, and
thej' are hereby, empowered to set apart and appropriate as a fund
for the relief and support of the families of volunteers while in actiial
service, when from affliction or indigence such relief may be neces-
sarj', so much of the special tax which the said courts are authorized
to levy by an ordinance adopted b^J^ this convention on the 11th day
of May, A. D. 1861, entitled "An ordinance to levy a tax for military
and other purposes," as in the judgment of either of said courts may
be necessary to constitute the relief fund herein contemplated: Pro-
vided, That the fund raised and appropriated shall, in all cases, be
expended for the benefit of the families of volunteers residing in the
county w^ere the same is raised ; and the collector of revenue shall
receive no compensation for collecting the tax provided for by said
ordinance above referred to.

Sec. 2. Be it further ordained. That the county courts be author-
ized to issue county scrip anticipating the tax necessary to effect the
objects of the preceding section.

Sec. 3. Be it further ordained, That the county courts of this State
be, and they are hereby, authorized and empowered to appoint and
raise semi-annually a home guard of minute men, whose term of
service shall be for three months in their respective limits, to consist
of companies of not less than ten for each township, whose officers,
when elected by the companies respectively, shall be commissioned by
the county courts, and whose duty it shall be to see that all slaves are
disarmed, to prevent the assemblage of slaves in unusual numbers, to
keep the slave population in proper subjection, and to see that peace
and order are observed; and said guard are authorized to arrest all
suspected persons and bring them before some justice of the peace
without Avarrant for trial by the civil authorities. The home guard
of minute men shall be armed and equipped by each county at its own
expense out of the tax provided for by said ordinance "to levy a tax
for military and other purposes," and compensation may be made to
said guard out of said tax, if, in the discretion of the county court,
such compensation should be made. The home guard shall assemble
in their respective townships to take precautionary measures at least
once in each week, at the call of the commanding officer, and shall be
momentarily ready for service at his call. Persons engaged in this
branch of duty shall, upon failure to obey the call to duty by the com-
mander, forfeit not less than $1 nor more than $5 for each offense, to
bo collected in the name of the presiding judge of the county court
before any justice of the peace, to be applied by the county court in
defraying the expenses of this branch of the public service, unless it
shall be shown that such failure was the result of sickness or other
good cause. A general commander shall be appointed for each county
by the several county courts, whose duty it shall be, when necessary,
to take charge of all the home guard minute men in his county and

CONFEDERATE AUTHORITIES. 363

direct their operations ; and the county coTirt is authorized to issue
county bonds or scrip for the purpose of raising money immediateij'
to meet the expenses contemplated by this section.

Sec. 4. Be it fwrther ordained, That this ordinance shall be repeal-
able by the General Assembly of this State, and this ordinance shall
be in force from and after its adoption.

Adopted and passed in and by the convention on the 30th day of
May, A. D. 1861.

DAVID WALKER,
President of the Arkansas State Convention.
Attest

ELIAS C. BOUDINOT,

Secretary of the Convention.

New Orleans, May SO, 1861.
L. P. Walker:

The Fifth and Sixth Regiments are ready to be mustered into
service of the Confederate States, but the oflficers of the Confederate
States are without orders. Seventh Regiment will be ready at the
close of the week, and Eighth Regiment next week. The Fourth
Regiment is still here awaiting marching orders.

THO. O. MOORE.

Atlanta, Ga., May SI, 1861.
Hon. Jefferson Davis,

President of the Confed. States of America, Richmond, Va. :
My Dear Sir: I had the honor to receive your telegram about
General Gartrell's regiment, and it is being mustered in according to
your wish. Colonel Colquitt's regiment has gone forward and I will
try to have Gartrell's all off by Saturday night. I shall then order
another regiment to rendezvous in a few days, which, together with
the regiment being raised by McDonald and Anderson, I will arm and
equip as soon as possible. Part of the material of these regiments
will be in great need of drill, and I should be very happy, after they
are mustered into the service, if they could be thrown into camp of
instruction, either here or in Virginia, for two or three weeks. Since I
saw you I have met Judge H. R. Jackson, and have mentioned to him
our conversation in reference to his appointment as brigadier-general,
and he is much delighted at the prospect. If I could receive a com-
mission at Milledgeville in a few days for him it would be to me a
source of the highest gratification, and I know that Jackson would
highly appreciate and gratefully remember the compliment. He is a
gallant man, and would, in my opinion, exert all his powers to serve
yon and the common cause with ability and fidelity. If he were
appointed soon he would take great interest in the organization and
preparation of the two regiments, which would greatly aid me, and I
promise you in that case that I would arm and equip them in the very
best style in my power with as little delay as possible, and I will do
all I can to add to the number, very soon after they are off, still
another armed regiment. I assure you I feel great interest in this
application. If I can furnish the troops above proposed, Georgia

364 CORRESPONDENCE, ETC.

will have six or seven regiments in Virginia and no general. A dis-
patcli to me at MilledgeviUe by Monday sajing that my request for
Jackson will be granted would greatly oblige, and would give
increased energy to all our movements.
I am, very truly, yours, &c.,

JOSEPH E. BROWN.

[May 31, 1861. — For Moore to Davis, reporting Louisiana troops
awaiting marching orders, and inviting attention to the necessity of an
extended system of defenses for the coast, &c., see Series I, Vol. Ill,
p. 588.1

Executive Department,

Richmond, May SI, 1861.
His Excellency Jefferson Davis,

President of the Confederate States of America :
Sir: By direction of the Governor I inclose herein a copy of an
advice of the Executive Council, asking an interview with Your Ex-
cellency. The Governor suggests the hour of 10 o'clock to-morrow
morning, in the council chamber at the capitol, if agreeable to you,
or such other time as may suit your convenience.
Very respectfully,

GEORGE W. MUNFORD,
Secretary of the Commonwealth.

[Incloanre.]

In Council, May 31, 1861.
The council unanimously advise that the Governor request an early
interview between the President and the Governor and council, in
order to ascertain what disposition should be made of the ofl&cers of
the Army and Navy of the late United States, and are now in the
service of the State of Virginia.

KS OBDINANCE ratifying the permanent Conatitntion of the people of the
Confederate States of America.

Be it ordained by the people of the State of Arkansas in convention
assembled, That the Constitution of the people of the Confederate
States of America, prepared and tendered by the delegates or deputies
of the States of South Carolina, Georgia, Alabama, Mississippi, Flor-
ida, Louisiana, and Texas, in Congress assembled, at the capitol of
said Confederate States of America, in the city of Montgomery, in the
State of Alabama, and by said delegates or deputies in said Congress
adopted on the 11th day of March, A. D. 1861, be, and the same i.s
hereby, ratified by the people of the State of Arkansas as the perma-
nent Constitution of the people of the said Confederate States of
America.

Adopted and passed in and by the convention on the 1st dav of
June, A. D. 1861.

DAVID WALKER,
President of tlie Convention of (tie State of Arkansas.

Attest.

ELIAS C. BOUDINOT,

CONFEDERATE AUTHORITIES. 365

AN ORDINANCE in relation to the army and militia of the State of Arkansas.

Be it ordained by the people of the State of Arkansas in conven-
tion assembkd, That that portion of the militia and army of Arkan-
sas now or hereafter called into actual service shall be subject to the
rules, regulations, and Articles of War of the Confederate States,
except so far as they are in conflict with the ordinances of this con-
vention.

Adopted and passed in and by the convention on the Ist day of
June, A. D. 1861.

DAVID WALKER,
President of the Convention of the State of ArTcansas.
Attest.

ELIAS C. BOUDINOT,
Secretary of the State Convention of Arkansas.

AN ORDINANCE to restore in part the militia law of the State.

Section l. Be it ordained by the people of the State of Arkansas
in convention assembled, That the ordinance passed by this conven-
tion entitled "'An ordinance to suspend the operation of an act of the
Greneral Assembly," entitled "An act amendatory of the militia laws
of Arkansas," approved the 21st of January, 1861, be, and the same
is hereby, repealed.

Sec. 2. Be it further ordained, That the act of the General
Assembly mentioned in the first section of this ordinance be, and the
same is hereby, declared to be in full force and effect: Provided, That
nothing in said act of the General Assembly or this ordinance shall
be 80 construed as to authorize militia ofdcers or privates to draw any
pay from the treasury of this State unless such officers or privates
shall have been called into the actual service of this State by order
of the Military Board, nor shall any money be paid out of the treas-
ury under the act aforesaid except by order of the Military Board.

Adopted and passed in and by the convention on the 1st day of
June, A. D. 1861.

DAVID WALKER,
President of the State Convention of Arkansas.

Attest.

ELIAS C. BOUDINOT,
Secretary of the Arkansas State Convention.

AN ORDINANCE to aid the Military Board.

Be it ordained by the people of the State of Arkansas in conven-
ti/m assembled. That the Military Board of this State are hereby
authorized, and they shall have the power, to appoint all agents
which shall be deemed necessary to carry into execution the powers
heretofore conferred upon them, and to compensate such agents for
such services as may be rendered.

Adopted and passed in and by the convention on the 1st day of
June, A. D. 1861.

DAVID WALKER,
President of the State Convention of Arkansas.
Attest.

ELIAS C. BOUDINOT,
Secretary of the Arkansas State Convention.

366 CORRESPONDENCE, ETC.

[June 1, 1861. — ^For Perry to Walker, in relation to Florida troops
and the defense of the coast, see Series I, Vol. I, p. 469.]

MiLLEDGEVILLE, J^me 1, 1861.
President Davis:

1 wish you would direct Colonels Conner and Brumby and other
colonels whose regiments are accepted under direct tender to you to
order their companies to obey my orders about leaving their guns.
It is said some of the companies will attempt to carry them, which
will make it my duty to order them to be arrested. I am doing all I
can to put every gun at my command into the service, and am send-
ing in the State regiments fully equipped. This I will continue to do
with all possible promptness. I deprecate anything like conflict
between State and Confederate authority, and I feel sure you will not
encourage any company to disobey my orders. I impose no restraint,
only that they leave the State's arms. You shall have no cause to
complain of my promptness in responding to every call while I have
a gun. Please answer, as I am anxious to have the spirit of insubor-
dination to State authority checked. If compelled I shall be obliged
to use the means necessary to check it. A word from you to the col-
onels will stop it. Order General Phillips' brigade into camp of
instruction Tuesday. Another regiment will rendezvous for Virginia
at Atlanta on Wednesday, and another in a few days.

JOSEPH E. BROWN.

[June 2, 3, 4, 1861. — For correspondence between Pickens and
Cooper, in relation to forwarding South Carolina troops to Virginia,
see Series I, Vol. LI, Part II, pp. 125, 127, 128.]

Atlanta, Ga., Jvne S, 1861.
Hon. L. P. Walker,

Secretary of War:
Dear Sik: On your passage through Atlanta I stated to you that
it was the object and desire of some of my friends to organize a corps
of construction to serve the Government. You then requested me to
write to you at Richmond, stating definitely the material that would
compose the organization. William Gabbett, esq., a civil engineer
and architect, and who will be active in forming the corps, will hand
you the desired statement,* and will be able to give such references
as may be required.

Respectfully, yours,

L. P. GRANT.

Executive Department,

MMedgeviUe, Ga., June 3, 1861.
General R. E. Lee,

Richmond, Va.:
Sir : I am directed by His Excellency the Governor to reply to yours
of the 26th ultimo. He instructs me to say that your favor would
have been more promptly answered but for his absence from the cap-
ital, occasioned by his engagement in mustering into service two addi-

. n„Kl,„4.i- ■!.« TtXToll,,

CONFEDERATE AUTHORITIES. 367

tional regiments who are now on their way to Virginia; that he has
sent into the service of the Confederate States every regiment for
which he has received a requisition from the War Department; that
every regiment sent by him has been armed and equipped with the
best arms and equipments subject to his control, and that he will con-
tinue thus to arm and equip every regiment sent by him into service
as long as the arms owned by the State shall hold out. I am further
iusti'ucted to say that any volunteers from Georgia now in Virginia
without arms have not been sent under the requisitions iipon this
department, and will have to look for their supply to the Confederate
States. I am also instructed to say that it is impossible for Georgia to
furnish the cavalry arms desired, not having them at her disposal.
Respectfully, your obedient servant,

D. C. CAMPBELL,

Aide-de-Camp.

Adjutant and Inspector General's Office,

Richmond Jwne 3 1861.
Hon. Henry A. Wise, &c.,

Richmond, Va.:
Sir: In relation to the legion proposed to be raised by you, I am
instructed to state that it should have the most prompt formation by
companies, the companies to be reported, with their offtcers, in order
that the latter may be duly commissioned. When ten companies are
raised they will be organized into a regiment and the field officers
appointed. To this end your recommendations and the recommenda-
tions of those associated with you are desired. When the two regi-
ments are completed they will be organized into a brigade, of which
it is designed to appoint you a brigadier-general. Your recommenda-
tion of competent and reliable men as assistant quartermaster, assist-
ant commissary, surgeon, and assistant surgeon, one of each per
regiment, is requested, the several staff officers to be appointed bj' the
President, in accordance with law. Conceding to you the legionary
formation proposed, it is to be understood that the number of mounted
men shall not exceed 500, equal to six companies or three squadrons;
that there shall be one battery of field artillery, to consist of six
pieces, and that all the troops are to arm and equip themselves
thoroughly, and to aid in this you are authorized to purchase private
arms for the purpose. The following is the organization of a regi-
ment under existing laws, viz: One colonel, 1 lieutenant-colonel, 1
major, 1 surgeon, 1 assistant surgeon, 1 adjutant (to b6 taken from
the lieutenants of the regiment), 1 sergeant-major, 1 quartermaster-
sergeant, and 10 companies, each company to consist of 1 captain, 1
first lieutenant, 2 second lieutenants, 4 sergeants, 4 corporals, 2 musi-
cians, and from 64 to 100 privates (not under 64 or over 100).*
I have the honor to be, your obedient servant,

S. COOPER,
Adjutant and Inspector General.

[June 4, 1861. — For action of the Governor and Council of Vir-
ginia, with reference to transfer of all volunteer forces of the State
to the Confederate service, &c., see Series I, Vol. LI, Part II, pp.
130-134.]

*See also postscript of Cooper to Wise, June 6, 1861, Series I, Vol. II, p. 909.

368 COERESPONDENCE, ETC.

[June 5, 1861. — For Hindraan to Cooper, in relation to orders for
regiment from Arkansas, see Series I, Vol. LIII, p. 694. j

Executive Department,

MiUedgeviUe, Ga., June 5, 1861.
lion. L. P. Walker,

Secretary of War:
Sir: During the past winter I purchased and had shipped to Savan-
nah a large lot of powder for the use of the State of Georgia. Subse-
quently a part of it was forwarded to Augusta, and, under the direc-
tion of Mr. Butt, of that city, was stored in the magazine in which
was deposited the powder seized at the capture of the arsenal. The
powder owned by the State is now claimed bj' the oflScers of the Con-
federate States in charge of the arsenal and magazine as the property
of the Confederacy, supposing it to be the powder transferred with
the arsenal, <fec., to that Government. The powder specified in the
receipt given under my directions to the U. S. officer in command at
tlie time of the surrender of the arsenal is as follows: Four hundred
pounds canister powder, 7,932 pounds musket powder, and 10,877
pounds rifle powder. Mr. Butt can unquestionably identify that as
the powder claimed by me, which is about 39,000 pounds. I beg you
will cause an order to be issued to the proper officers authorizing the
deliverj' to me of the powder belonging to the State.
Veiy respectfully, your obedient servant,

JOSEPH E. BROWN.

P. S. — The balance of the powder purchased by me (100,000 pounds
in all) was left in Savannah and at Fort Pulaski for the use of the
Confederacy, and will be charged to that Government. That now in
Augusta I want, that it may be converted into cartridges at the peni-
tentiary in this place.

Richmond, Va., June 5, 1861.
Governor T. O. MooRE,

Neiu Orleans.
Your dispatch tendering battalion of five companies armed and
equipped for the war is received, and I accept it. Order it to Rich-
mond at once.

L. p. WALKER.

Charleston, June 6, 1861.
Honorable Mr. Memminger:

I have telegraphed to Cooper, Myers, and the President that I have
two full regiments in Columbia which they called for. Were mustered
in, and I have no directions where to order them. They are the best
regiments. Please see that some order is extended, and that the men
are paid according to law. Lee is ready to do it, but has as yet no
orders. I have sent off three regiments without the least attention to
their pay or clothing, and yet Captain Lee is here, desirous to attend
to them. This is doiog great wrong. Let me hear, so that South
Carolina may see that these regiments, now on their way to Richmond,
are attended to by the paymaster.

F. W. PICKENS.

CONFEDERATE AUTHORITIES. 369

[June 5, 1861.— For Walker to Letcher, in relation to transfer of the
military force of Virginia to the Confederate States, see Series I, Vol.
LI, Part II, p. 134.]

General Orders, ) Adjt. and Insp. General's Office,

No. 9.* j Richmond, Va., June 6, 1861.

Uniform and Dress of the Army.

TUNIC.

For commissioned officers.

1. All officers shall wear a tunic of gray cloth, known as cadet
gray ; the skirt to extend half way between the hip and the knee ;
double-breasted for all grades.

2. For a brigadier-general, two rows of buttons on the breast, eight
in each row, placed in pairs; the distance between the rows four
inches at top and three inches at bottom ; stand-up collar, to rise no
higher than to permit the chin to turn freely over it; to hook in front
at the bottom, and slope thence up and backward, at an angle of 30
degrees, on each side; cuffs two and a half inches deep on the upper
side, there to be buttoned with three small buttons, and sloped
upward to a point at a distance of four inches from the end of the
sleeve; pockets in the fold of the skirt, with one button at the hip and
one at the end of each pocket, making four buttons on the back and
skirt of the tunic, the hip buttons to range with the lowest breast
buttons.

3. For a colonel, the same as for a brigadier-general, except that
there will be only seven buttons in each row on the breast, placed at
equal distances.

4. For a lieutenant-colonel, major, captain, and lieutenant, the
same as for a colonel.

For enlisted men.

5. The uniform coat for all enlisted men shall be a double-breasted
tunic of gray cloth, known as cadet gray, with the skirt extending half
way between the hip and the knee ; two rows of buttons on the breast,
seven in each row; the distance between the rows four inches at top
and three inches at bottom; stand-up collar, to rise no higher than to
permit the chin to turn freely over it; to hook in front at flie bottom,
and slope thence backward at an angle of 30 degrees on each side ;
cuffs two inches and a half deep at the upper seam, to button with
two small buttons, and to be slightly pointed on the upper part of the
arm; pockets in the folds of the skirt. The collars and cuffs to be of
the color prescribed for facings for the respective arms of service,
and the edges of the tunic to be trimmed throughout with the same
colored cloth. Narrow lining in the skirt of the tunic of gray material.

PACINGS.

6. The facings for general officers, and for oflSeers of the Adjutant
General's Department, the Quartermaster-General's Department, the

*It appears that two General Orders, No. 9, were issued. See June 25, p. 398.
24 R R — series IV, VOL I

370 CORRESPONDENCE, ETC.

Commissary-General's Department, and the Engineers, buff. The
tunic for all olfieers to be edged throughout with the facings
designated.

7. For the Medical Department, black.

8. For the artillery, red.

9. For the cavalry, yellow.

10. For the infantry, light blue.

11. For fatigue purposes, a light-gray blouse, double-breasted, with
two rows of small buttons, seven in each row; small turnover collar
may be issued to the troops.

12. On all occasions of duty, except fatigue and when out of
quarters, the coat will be buttoned and hooked at the collar. Officers
on bureau duty may wear the tunic open.

BUTTONS.

13. For general of&cers and ofQcers of the general staff, bright gilt,
rounded at the edge, convex, raised eagle in the center, with stars
surrounding it; large size, one inch in exterior diameter; small size,
half an inch.

14. For officers of the Corps of Engineers, the same as for the
general staff, except that, in place of the eagle and the stars, there
will be a raised E in German text.

15. For officers of artillery, infantry, riflemen, and cavalry, gilt,
convex, plain, with large, raised letter in the center — A for the artil-
lery, I for the infantry, R for the riflemen, C for the cavalry; large
size, seven-eighths of an inch in exterior diameter; small size, half
an inch.

16. Aides-de-camp may wear the button of the general staff, or of
their regiments or corps, at their option.

17. For enlisted men of artillery, yellow, convex, large, raised letter
A in the center; three-quarters of an inch in exterior diameter.

18. For all other enlisted men, the same as for the artillery, except
that the number of the regiment, in large figures, \vill be substituted
for the letter A.

TKOTJSERS.

19. The uniform trousers for both officers and enlisted men will be
of cloth throughout the year; made loose, and to spread well over
the foot; of light (or sky) blue color for regimental officers and
enlisted men ; and of dark-blue cloth for all other officers ; re-enforced
for the cavalry.

20. For general officers, two stripes of gold lace on the outer seam,
one-eighth of an inch apart, and each five-eighths of an inch in width.

21. For officers of the Adjutant-General's Department, the Quarter-
master-General's Department, the Commissary-General's Department,
and the Corps of Engineers, one stripe of gold lace on the outer seam,
one inch and a quarter in width.

22. For the Medical Department, a black velvet stripe, one inch and
a quarter in width, with a gold cord on each edge of the stripe.

23. For regimental officers, a stripe of cloth on the outer seam, one
inch and a quarter in width ; color according to the corps — for artil-
lery, red; cavalry, yellow; infantry, dark blue.

24. For tlie non-commissioned staff of regiments and for all ser-
geants, a stripe of cotton webbing or braid on the outer seam, one
inch and a qviarter in width ; color according to arm of service.

25. For all other enlisted men, plain.

CONFEDERATE AUTHORITIES. 371

CHAPEAU, OR COCKED HAT.

26. A chapeau, or cocked hat, will be worn by general officers and
officers of the general staff and Corps of Engineers, of what is called
the French pattern; the model to be deposited in the office of the
Quartermaster-General.

27. Forage cap for officers, a cap similar in form to that known as
the French kepi, according to pattern to be deposited in the office of
the Quartermaster-General.

28. Uniform cap, according to pattern to be deposited in the office
of the Quartermaster-General.

POMPON.

29. For the artillery, red.

30. For the infantry, light blue.

31. For the cavalry, yellow.

CEAVAT OR STOCK.

32. For all officers, black. When a cravat is worn, the tie not to
be visible at the opening of the collar.

33. For enlisted men, black leather, according to pattern.

BOOTS.

34. For all officers, ankle or Jefferson.

35. For enlisted men of cavalry, ankle and Jefferson, according to
pattern.

36. For other enlisted men, Jefferson, according to pattern.

SPURS.

37. For all mounted officers, j^ellow metal or gilt.

38. For enlisted mounted men, yellow metal, according to pattern.

GLOVES.

39. For general officers and officers of the general staff and staff
coips, buff or white.

40. For officers of artillery, infantry, and cavalry, white.

SASH.

41. For general officers, buff silk net, with silk bullion fringe ends;
sash to go twice around the waist and to tie behind the left hip;
pendent part not to extend more than eighteen inches below the tie.

42. For officers of the general staff and engineers and of the artil-
lery and infantry, red silk net; for officers of the cavalry, yellow silk
net; for medical officers, green silk net — all with silk bullion fringe
ends; to go around the waist and to tie as for general officers.

43. For sergeants, of worsted, with worsted bullion fringe ends;
red for artillery and infantry and yellow for cavalry; to go twice
around the waist and to tie as above specified.

SVVrORD BELT.

44. For all officers, a waist belt, not less than one inch and a half
nor more than two inches wide; to be worn over the sash; the sword
to be suspended from it by slings of the same material as the belt,
with a hook attached to the belt upon which the sword may be hung.

372 CORRESPONDENCE, ETC.

45. For general officers, Russian leather, with three stripes of gold
embroidery ; the slings embroidered on both sides.

46. For all other officers, black leather, plain.

47. For all non-commissioned officers, black leather, plain.

SWOKD-BELT PLATE.

48. For all officers and enlisted men, gilt, rectangular; two inches
wide, with a raised bright rim, a silver wreath of laurel encircling
the "arms of the Confederate States."

SWORD AND SCABBARD.

49. For all officers, according to pattern to be deposited in the
Ordnance Bureau.

SWORD KNOT.

50. For all officers, of plaited leather, with tassels.

BADGES TO DISTINGUISH RANK.

51. On the sleeve of the tunic rank will be distinguished by an
ornament of gold braid (in form as represent.ed in the drawing
deposited in the Quartermaster-General's Office), extending around
the seam of the cuff and up the outside of the arm to the bend of
the elbow; to be of one braid for lieutenants, two for captains,
three for field officers, and four for general officers ; the braid to be
one-eighth of an inch in width.

52. On the front part of the collar of the tunic the rank of officers
will be distinguished as follows :

53. General officers, a wreath with three stars inclosed, embroidered
in gold. The edge of the wreath to be three-quarters of an inch from
the front edge of the collar; the stars to be arranged horizontally;
the center one to be one inch and a quarter in exterior diameter, and
the others three-quarters of an inch.

54. Colonel, three stars embroidered in gold, arranged horizontally,
and dividing equally the vertical space of the collar. Each star to be
one inch and a quarter in exterior diameter; the front star to be
three-quarters of an inch from the edge of the collar.

55. Lieutenant-colonel, two stars of the same material, size, and
arrangement as for a colonel.

56. Major, one star of same material and size as for a colonel ; to
be placed three-quarters of an inch from edge of collar, and dividing
equally the vertical space.

57. Captain, three horizontal bars embroidered in gold ; each one-
half inch in width ; the upper bar to be three inches in length ; the
front edge of the bars to incline to correspond with the angle of the
collar, and to be three-quarters of an inch from the edge; the line of
the back edges to be vertical.

58. First lieutenant, two horizontal bars of same material and size
as for captains, and dividing equally the vertical space of collar.

59. Second lieutenant, one horizontal bar of same material and size
as for the center bar of captain, and dividing equally the vertical
space of collar.

OVERCOATS FOR ENLISTED MEN.

60. For mounted men, of cadet gray cloth ; stand-up collar; double-
breasted; cape to reach to the cuff of the coat when the arm is

CONFEDERATE AUTHORITIES. 373

61. For footmen, of cadet gray cloth; stand-up collar; donble-
breasted; cape to reach to the elbows when the arm is extended, and
to button all the way up (buttons, eighteen). For the present, to be
a talma, with sleeves, of water-proof material; black.

CHEVKONS.

62. The rank of non-commissioned officers will be marked by chev-
rons on both sleeves of the uniform tunic and the overcoat, above the
elbow, of silk or worsted binding half an inch wide; color the same
as the edging of the tunic; points down, as follows:

6.3. For a sergeant-major, three bars and an arc in silk.

64. For a quartermaster-sergeant, three bars and a tie in silk.

65. For an ordnance-sergeant, three bars and a star in silk.

66. For a first (or orderly) sergeant, three bars and a lozenge in
worsted.

67. For a sergeant, three bars in worsted.

68. For a corporal, two bars in worsted.

HAIR AND BEARD.

69. The hair to be short; the beard to be worn at the pleasure of
the individual ; but, when worn, to be kept short and neatly trimmed.

By command of the Secretary of War :

S. COOPER,
Adjutant and Inspector General.

CusTOM-HousE, Collector's Office,

New Orleans, June 6, 1861.
Hon. L. P. Walker,

Secretary of War, Itichmond, Va.:
Sir : Referring to my report of the 3d instant, I have the honor to
inform you that Mr. John G. Robinson, a wealthy English gentleman,
who has resided many years in this city, has placed his fine yacht
Gypsy, of about sixty tons burden, under British colors, and sails this
day with a carefully prepared chart indicating the track of the Wind-
sor Forest in search of that vessel. He goes ostensibly on a fishing or
pleasure party, taking all the risk of capture, but for no other object
than the hope of being able to give this vessel timelj' warning to make
a port of safety. Mr. Robinson, at my suggestion, entered with zeal
and alacrity upon the attempt to accomplish this object without the
expectation of fee or reward in any shape, but from pure devotion to
the Confederate States. I cannot doubt that this noble and patriotic
service will call from the Department an expression of its apprecia-
tion commensurate with the risk incurred and the interests involved;
but I beg to add that as a British subject I am satisfied that it would
be more agreeable to him that whatever expression the Department
should think proper to make should be of a private character, and not
made public.

Very respectfully, your obedient servant,

F. H. HATCH,

Collector.

P. S. — Mr. Robinson will also include the Bamberg in his search.

F. H. H.

374 CORRESPONDENCE, ETC.

Confederate States of America, War Department,

Richmond, June 6, 1861.
F. H. Hatch,

New Orleans:
Sir : Your letter dated 25th of May, marked private, Wd,s received
on the 3d instant. In regard to the information sought by you, the
Secretary of War directs me to say that in all eases where you have
cause to suspect parties of being agents of the United States Govern-
ment you will bring the subject to the attention of General Twiggs,
wlio has command of the Louisiana division.
Very respectfully,

S. S. SCOTT.

[June 6, 1861. — For Letcher to Walker, in relation to the transfer
of the military force of Virginia to the Confederate service, see
Series I, Vol. LI, Part II, p. 135.]

Richmond, Va., June 7, 1861.
Governor Letcher,

Riclimond, Va.:
Dear Sir: I have the honor to acknowledge yours of yesterday,
covering the letter of General Floyd and its inclosure, to wit, three
captains' commissions, which have been regularly issued by you.
Permit me to express my regret that in the effort to organize a brigade
for the defense of Southwestern Virginia and the important line of the
Virginia and Tennessee Railroad there should have been any inter-
ference with your unqxiestionable authority and commendable efforts
to increase the military power of Virginia. The apprehension of a
movement by the enemy toward East Tennessee renders it necessary
at the earliest practicable period to have, say, two regiments embodied
in the Southwestern District of Virginia; and if you can consistently
do so, I would be glad that the companies questioned should be left
in that region until General Floyd can complete the organization of
his brigade, and, if you please, that these companies should form a
part of it. Inclosed please find a copy of the letter* this day
addressed to General Floyd, and believe me to be,
Very respectfully, yours,

JEFF'N DAVIS.

MiLLEDGEViLLE, June 8, 1861.
Adjt. Gen. S. Cooper:

At Colonel Conner's request I state that I make no objection to the
reception of his regiment into service if they do not carry out of the
State their arms or equipments.

JOSEPH E. BROWN.

[June 8, 1801. — For General Orders, No. 25, headquarters Virginia
Forces, promulgating proclamation of Governor Letcher, transferring
the military and naval forces of the State of Virginia to the Confed-
erate States, see Series I, Vol. II, p. 911.]

*-vr„j. j;«

CONFEDERATE AUTHORITIES. 375

[June 10, 1861. — For proclamation of Governor Jackson, of Mis-
souri, calling out 50,000 militia to repel invasion, see Series I, Vol.
LIII, p. 696.]

Richmond, Va., Jvne 11, 1861.
Hon. L. P. Walker,

Secretary of War, Confederate States of America :
Sir : In reply to the request of His Excellency the President to the
Adjutant-General, "Learn what the views of the gentlemen as to
position, duty, &c., may be," I beg leave to inform you that our ideas
of position are simply to find a similar rank in your service during the
war to that we command at our professions and trades in the general
labor market, such as the engineer to instruct or plan the work and
locate the position and dimensions, the master mechanic to oversee
and carry on the construction, and the operative mechanic to perform
the necessary labor. As to wliat we would consider our duty, we had
presumed that would be assigned us by your military engineers,
under whose instructions and control we expected to serve. Yet, to
convey our impressions as to what the duty would be, I will mention
that we are prepared to construct all military works, offensive or
defensive, and, if need be, to work at the same under fire; to remove
without destroying structures likely to fall into the hands of the
enemy and replace the same on command, and such other work as is
likely to occur with your trestle-work on railroads, &e., pontoon
bridging, and all other work requiring mechanism. With regard to
the clause in our tender respecting "compensation other- than that
paid the soldiery," I would respectfully call your attention to the fact
that the men composing the 100 are of that stamp who have families
entirely dependent on their skill and exertions for maintenance.
Now, they naturally think, if serving you to fight when necessary,
and do every mechanical work you may require, that they would be
entitled to extra for their mechanism, and thereby support their
families and serve their country at the same time. Should there be
no present law to provide for such an organization, and you desire
such service at once, we, with all our instruments and tools, wiU
place ourselves at your disposal, with the understanding that such
shall be made hereafter. I would further most respectfully assure
you that all concerned in this matter are uninfluenced by self-aggran-
dizement.

I remain, your obedient servant,

WILLIAM GABBETT,

Civil Engineer.

[Inclosure.]

Hon. L. P. Walker,

Secretary of War, Confederate States of America :
We, the subscribers, representing several branches of mechanical
science and art, which we deem most important and useful at the
present time in the service of the Confederacy, respectfully tender
ourselves, together with all the implements of our profession, to serve
during the war. We have united ourselves as a "corps of construc-
tion," and desire to serve you in the capacity of telegraphic and civil
engineers and masters of mechanical science. We are all past the
middle age of life, having had many years of practical experience in
our several vocations, feel confident that we can render our Govern-
ment essential service during tlie jjresent state of affairs. Should our

376 CORRESPONDENCE, ETC.

services be desirable and we properly commissioned, we can bring to
your aid 100 skillful mechanics as a troop of artificero selected from
and representing a fair proportion of the different trades, together
with their portable tools, &c. As the enrolling of such a troop would
be attended with a considerable loss of time and expense without the
certainty of their being accepted, we thought it advisable to solicit
proper information on the subject before we proceeded further. If we
are received in the capacity we offer ourselves, and are authorized to
enlist a troop of artificers, what inducements can we offer them by
way of compensation other than that now paid to the soldiery? An
earlv reply to this tender is respectfully solicited.

HIRAM T. JONES.

(Telegraphic engineer and superintendent; ten years building and
working lines. Have all the magnets, registers, and office material
for working 100 to 500 miles.)

JAS. H. GRANT.

(Civil engineer; twenty-five years in actual service, ten of which as
chief engineer on the Nashville and Chattanooga Railroad, and New
Orleans, Jackson and Great Northern Railroad. )

WM. GABBETT.

(Civil engineer and architect; eight years actual service as engi-
neer; was in the Crimea; last three years as architect designing and
constructing private and public buildings in the State of Georgia. )

[And eight others],
Now residents of AUanta, Ga.

Confederate States of America, "War Department,

Bichmond, June 12, 1861.
John G. Robinson, Esq.,

New Orleans:
Sir: This Department has learned with pleasure that you have
placed your fine yacht Gypsy with a carefully prepared chart on the
track of the Windsor Forest, with the view to capture that vessel;
and that you also include the Bamberg in your search. The Depart-
ment is deeply sensible of the important service you thus propose to
render the Confederate States of America, and not only wishes you
the most brilliant success, but also hopes that your noble example
may inspire other citizens with a like ' heroic spirit of self-sacrifice
and devotion to the great cause.
Very respectfully,

L. P. WALKER,
Secretary of War.

Executive Department,

Nashville, June IS, 1861.
Maj. Gen. Gideon J. Pillow,

Union City, Tenn.:
Sir: Upon receipt of your telegram of yesterday evening I immedl-
ntely made arrangements to send to you the regiments of Colonel
Alaney and Colonel Hatton, but your dispatch of this morning relieves
me from the necessity of sending them forward.*

* Neither disnatch found.

CONFEDERATE AUTHORITIES. 377

From reliable information in my possession I was and am satisfied
that the Federal Government will not attempt to quarter troops in
Kentucky.

General Buckner was sent and fully accredited to me by the Gov-
ernor of Kentucky to report to me an agreement made a few days
since between General McClellan, on the part of the Federal Govern-
ment, and General Buckner, as the agent and representative of the
Governor of Kentucky. General McClellan, while he claims for the
Federal Government the right to march troops over the territory of
each of the States of the Federal Union, he declares it to be the set-
tled policy of the Federal Government to respect and not violate the
neutrality of Kentucky, and he pledges himself as the commanding
ofBicer in that division that it shall not be violated, and that if at any
time this policy shall be changed by the Government of the United
States the Governor of Kentucky shall be notified of the change of
purpose in due time.

The Govei-nor of Kentucky pledges himself to preserve the neu-
trality of his State by repelling from his territory any troops of either
of the belligerents that may be quartered within the limits of that
State, to enable himself to do which he has sent General Buckner to
Columbus to call out and organize a regiment or battalion of Ken-
tucky troops to be quartered at or near Columbus.

Both Governor Magoffin and General Buckner have entire confi-
dence in the pledges of General McClellan. General Buckner assures
me that from a long and intimate acquaintance with General McClel-
lan he knows him to be in every respect reliable and that he will keep
his pledge. It is proper to remark in this connection that General
McClellan was absent upon the occasion when troops were landed at
Elliott's Mill, which act he promptly and publicly disapproved, and
was not expected to return to Cairo until about this time, from which
I infer that he was absent on yesterday when the outrage upon Colum-
bus, referred to, was perpetrated.

The agreement between the Federal Government and the State of
Kentucky being as stated above, you see at once that either party
attempting to quarter troops within that State provokes the opposition
and antagonism of Kentucky. Every consideration of justice to that
people as well as sound policy for ourselves, it seems to me, should
teach us to avoid this result as long as it is possible to do so.

But if at any time the Federal Government should quarter a force
there, and Kentucky submits to it, or the force so quartered shall be
too powerful for her to dislodge, then I should not hesitate to send a
force large enough to drive back the invader. *

In other words, I would not violate her neutrality, but to the extent
of my ability aid her in maintaining it by driving back those who
would violate and disregard it.

I am satisfied that the Federal Government will not quarter troops
in Kentucky, and I do not believe that they will attempt to go down
the river, but I think it quite probable that they may attempt to reach
Memphis by crossing over to Bird's Point and pass down the river by
land on the Missouri and Arkansas side. Though they may not be
able to carry with them baggage trains by this route, may they not
risk getting their supplies by the river, as they have quite a number
of very fleet gun-boats so constructed as to be proof against G and 12
pounders ?

Investigate as fully as j'ou can the possibility of their reaching
Memphis by this route, and adopt the best means of preventing it.
If Governor Rector could station some 8,000 or 10,000 men on the river

378 CORRESPONDENCE, ETC.

opposite Randolpli to co-operate with the Tennessee forces, and a
sufficient number of boats kept at Randolph to enable you to unite
the whole force on either side of the river, it would certainly add much
to the security of that line of defense.

Your note of 11th instant was received yesterday morning. I had
previously ordered Doctor Ball to report for duty to Colonel McCown,
and on yesterday I appointed Doctors Marable and Conway surgeons,
and Doctor PuUiam an assistant surgeon, and ordered them to report
for duty to you. If these should not be a sufficient number to meet
the wants of the service I will make other appointments at any moment
it maj'^ be necessary.

Very respectfully,

ISHAM G. HARRIS.

Knoxville, Tenn., June 13, 1861.
Hon. L. P Walker,

Richmond, Va.:
Dear Sir : I regret I had not an opportunity of saying to you when
you passed through this city a few days ago some things which it would
be imprudent to communicate by letter, but I cannot resist the impulse
to at least drop you a hint that may be of service and can do no harm.
If I am not misinformed, you have been approached and your confi-
dence has been secured by certain parties purporting to hail from this
section, bearing honorable names, and of whom I pray you to beware.
I know no facts, but I could give you circumstances and antecedents
that would at least dictate the propriety of the utmost caution in your
confidence and trust. This is all I dare say at present. I dare, how-
ever, beg that you will not misunderstand my position. I have up to
the present time opposed the separation of Tennessee from the Federal
Government, and have done so for reasons which it is not necessary
now to give to j'ou. Suffice it I believe from my soul that it was best
for you, as well as for me, and that it was the salvation of the South;
but let that pass. I am overruled, and I bow to the will of the majority
and j'ield a cheerful acquiescence. My heart and my all is, of course,
still with my native land. I ask nothing more than to share her des-
tiny and her fortunes, for better or for worse. I say this much that
j'ou may not suspect the integrity of my hint. I have no ambition,
no aspirations, but the general prosperity. "I have no friends to
reward, no enemies to punish." No; not one. I therefore again
repeat, beware, unless you know whom you confide in from here.
• This State has probably gone out by 50,000 majoiity. This end of
the State has voted 20,000 majoiity against it. If the secession leaders
here are prudent, opposition will gradually die out, and in sixty days
20,000 bold mountain troops will be ready to rush to your standard;
but if the harsh, senseless, indiscriminate denunciation of treason and
abolitionism, and threats of shooting and hanging every gentleman
that dares to entertain an honest conviction in opposition is continued
by a most despicable little clique of worthless political adventurers
here, then nothing under heaven, I fear, will prevent an outbreak in
this section that it will take the whole military power of the State to
put down. In God's name, then, if you have any confidant here,
counsel patience, prudence, and moderation. If this course is pur-
sued I will pledge my head that all will be well; otherwise, as before
said, the consequences are to be feared.
, Very respectfully, yours,

T /Tr> A Ti^

confederate authorities. 379

Adjutant and Inspector General's Office,

Richmond, June H, 1861.
His Excellency Joseph E. Brown,

Governor of Georgia, Milledgeville, Ga.:
Sir: Your letter of the 8th Instant to the President, conveying a
copy of your telegram of the 7th, has been referred to this office. In
answer I am instructed to inform you that the President telegraplied
Your Excellency to the effect that he fully recognizes your position in
reference to the arms, and that he would sustain that position. On
the 10th instant Col. Z. T. Conner was telegraphed at Macon from
this office, in answer to a tender of his regiment, that his regiment
could not be accepted unless it was armed and equipped, and that the
Governor of his State had declined to arm and equip it. On the 11th
he telegraphed that he had everything but arms; that two companies
arrived at Richmond and four on the way.

Very respectfully, your obedient servant,

S. COOPER,
Adjutant and Inspector General.

[June 14, 1861. — For proclamation of George Hudson, principal
chief Choctaw Nation, calling for volunteer companies for service in
the mounted regiment of Choctaw and Chickasaw riflemen, see Series
I, Vol. Ill, p. 593.]

Adjutant and Inspector General's Office,

Richmond, June 16, 1861.
Lieut. Col. A. C. Myers,

Acting Quartermaster- General, Richmond, Va.:
Sir: It is decided that all payments made to troops shall commence
from the time they were received into service and ordered to proceed
to their destination.

I am, sir, respectfully, your obedient servant,

R. II. CHILTON,
Assistant Adjutant-General.

Ordnance Department,

Richmond, Va., June 15, 1861.
Lieutenant-Colonel Burton :

Colonel: The authorities of this State having loaned the rifle
machinery taken from Harper's Ferry to the authorities of North
Carolina, you will please turn over the same to any authorized agent,
that he may have it transported to Raleigh, taking care to retain all
and any machines or parts thereof that may be necessary for the
making up of muskets. Tlie barrels and stocks suitable for the rifle
and not fit for the muskets j^ou will also turn over to said agent
Very respectfully,

C. DIMMOCK,

Colonel of Ordnance.

380 correspondence, etc.

Confederate States of America, War Department,

JRichmond, June 17, 1861.
John B. Sale,

Aberdeen, Miss.:
Sir: In your letter of May 28, 1861, you request the Secretary of
War to answer a question or two which are very respectfully pro-
pounded b}^ you. You inquire whether it is absolutely decided that
troops will be accepted for only three years or for the war, and
whether the President will not receive volunteers into the service for
one or two years. The Secretary of War directs me to say in reply
that there is, as you estimate, no little dissatisfaction in the country
because, as a general thing, volunteers will not be received into the
service of the Confederate States for the period of twelve months.
But all this dissatisfaction, it is confidently believed, arises solely
from an outside view of the subject, and would instantly vanish
before an insight into the reasons and motives by which the Depart-
ment has been determined. The enemy who seek to subjugate us
and hold us in abject bondage to their arbitrary and ruthless will
demand and receive volunteers only for three years. Surely, then,
if we mean to contend in right good earnest for our independence,
our lives, and our sacred honor, as well as for the purity of our
family altars, we shall be willing to enlist for at least an equal period.
If we would be free men, or rise to the height of the present great
crisis, we must not shrink from hardships which our invaders are
ready and willing to encounter. And besides, if as true and loyal
citizens we would serve the Confederates States, we should bear in
mind the great cost of bringing volunteers into the field, their great
improvement by actual serArice, and, above all, the ruinous conse-
quences which may result from their withdrawal after a service of
twelve months from before an enemy which has enlisted for three
years. There are many, you say, who have lucrative callings worth
(it may be) from S2,000 to $10,000 per annum, and no other source of
support or prosperity such as a planter or capitalist has. It may be
hard, as you suggest, that they should exchange this for a series of
years for the pay of a private soldier to maintain themselves and
families. But if so, there is a remedy for this hardship. If they will
only form themselves into companies, already armed and equipped at
their own expense, they will be accepted, and can then serve their
country for the short period of twelve months. This course has
already been adopted by some of our citizens, and it is to be hoped
it will be pursued by many more. A still nobler example has been
set by others who have not only armed and equipped themselves, but
also refused to take pay as privates for the twelve months for which
they enlisted. In this way have they escaped the hardship of serving
for a series of years, and at the same time complied with all the rules
wliich the public good seems to demand. But there is one simple,
common-sense view of this whole subject which should dispel every
shadow of dissatisfaction and silence all the complaints which have
been uttered against the decision of this Department. We have
more volunteers for the war or for three j'ears than we are able to
arm or equip, and hence it would be absurd to arm and equip those
who wish to serve only twelve months. They cannot be accepted
unless they come fully armed and equipped. You say the action of
a great many awaits the information you seek. For this reason it
has been given at length.

Respectfully, A. T. BLEDSOE,

confederate authorities. 381

Adjutant-General's Office,
Eichmond, Va., June 17, 1861.
His Excellency Jefferson Davis,

President of the Confederate States :
Sir: Having accidentally heard that the War Department of the
Confederacy Is not informed in regard to the military force of the
State, I beg leave to offer the inclosed copy of my last annual report,
which may possibly be useful. It is the only printed copy remaining
in the ofl&ce, which is my apology for sending one so much defaced.
It may be proper to add that for some years preceding the passage of
an act for reorganizing the public defenses of the State, the 2d
of March, 1858, the militia was totally disbanded. The present
organization has been effected since that time.

^ 4s 4: I): 4: 4! 4:

Permit me to say that any service I can render or any information I
can give will be rendered with much pleasure at any and all times
when you may require it.

I am, sir, with the highest respect, your obedient servant,

WM. H. RICHARDSON,

Adjutant- General.

[IncloBure.]

Adjutant-General's Office,

Richmond, December 16, 1860.
His Excellency John Letcher,

Governor of Virginia:
SiR: This report, which was due on the 1st day of November last,
has been delayed by causes beyond my control, as you are aware.
The annual consolidated returns of the militia, the Virginia Military
Institute, and the State Guard, of arms in both arsenals and in
the hands of the militia, are made up from returns of the brigade
inspectors after the trainings in May and June and from reports of
the superintendent of the Military Institute and superintendent of the
armorj' to the 1st day of October last, as the law requires, and do not
include the receipts and issues of arms since that date. I have
added, however, a statement of purchases of arms made by the
commissioners appointed under the act of January 21, 1860.

VIRGINIA military INSTITUTE.

The report of the Board of Visitors of the Military Institute leaves
nothing for me to say respecting that valuable seminary of the Stat«.

STATE guard AND ARMORY.

The Guard has improved in material under the influence of the act
of Assembly placing the non-commissioned of&cers and privates on
the pay of the infantiy of the U. S. Army, but the exclusion of the
officers from the benefits of that act is a poor return for meritorious
service— is invidious and unjust. Their present pay does not amount
to a support. The armory buildings are now in course of preparation
to receive the machinery for the manufacture of arms. As the build-
ings will all be required for manufacturing operations, the State will
have to build quarters for the officers and soldiers, and probably an
arsenal, without delaj'. The ground adjacent, now under lease to
R. Archer & Co., would be sufficient and is appropriate, being a
portion of the original armory property.

382 CORRESPONDENCE, ETC.

THE MILITIA

Consists of five divisions, twenty-eight brigades, five regiments of
cavalry, five of artillery, three regiments and four battalions of vol-
unteers, and 195 regiments of the line. All the regiments of the line
are now organized except the Sixty-eighth, James City and part of
York; the Ninety-fourth, Lee; the One hundred and sixty-first, Ohio,
and the One hundred and sixty-third, Hancock. No return has been
received from the Twenty-fourth Brigade, General B. W. Price, com-
posed of the counties of Brooke, Ohio, Marshall, and Hancock, num-
l)ering five regiments, and including these there are in the whole
State eight regiments of the line, not less than 10,000 men, from which
no i-eturns have been received.

There are undoubtedly at least 200,000 men in the State subject to
militia duty, yet the annual consolidated return gives nearly 60,000
short of that number. This results in great degree from negligence of
the duty of enrollment on the part of officers, from the failure to
muster and make returns of the militia in counties where the number
is insufficient to constitute a regiment, and which, under the twelfth
section of the act of March 30, 1860, are not required to go out of the
county to attend the regimental musters, and from the mischievous
policy of allowing men to screen themselves from ordinary militia
duty by becoming contributing members to volunteer corps — some of
which I know have more than 100 such members — and if they are
enrolled at all no return of the number is made so that it can in any
way reach this office; and thus from this additional cause the
apparent strength of the militia is reduced some thousands more.
One of the most intelligent and accomplished field officers in the State
says, in a communication respecting the difficulty of organizing his
regiment, "the new law allowing any number of contributing mem-
bers of volunteer companies has induced all respectable men liable to
militia duty in our bounds to become such, leaving us no material to
select lieutenants from." "As already stated, the men fit for it" (a
commission in the line) "have become contributing members of the
volunteer companies."

It is bad policy under any circumstances, but especially at this peril-
ous time, to have any portion of the militia wholly withdrawn from all
military training and instruction. In the course of the tour of inspec-
tion directed by you last spring I found that the numerous body of
artificers employed at the Government works at Harper's Ferry, per-
manently or occasionally, who reside on the soil of the State, vote in
and often control the local elections, are not enroUeiin the militia. I
submit the question whether these men do not owe militia service to
the State in common with other citizens between the ages of eighteen
and forty-five. Since the outrage of John Brown and his band, at
which time, as is well known, the arsenal was wholly defenseless, two
military companies, composed of these operatives, have been organ-
ized, uniformed, and armed at that place. No commissions for the
officei's of these companies have been asked of the State, and cer-
tainly the United States cannot put them in commission, nor do they
in any sense consider themselves a portion of the militia of the State.
I report these facts for Your Excellency's consideration.

THE VOLUNTEER FORCE

Has increased rapidly and continues to increase. There are now in
commission 92 troops of cavalry, 26 companies of artillery, 111 com-

CONFEDERATE AUTHORITIES. 383

panies of light infantry, and 113 companies of riflemen. The last-
named preponderates too much over the light infantry, and instead of
being commissioned in parts of the State where men know nothing of
the use of the rifle, should be confined chiefly to the Valley and the
west, whence, in case of need, the State could draw the finest body of
riflemen in the world.

These companies have been armed as follows :

Cavalry. — Twenty-four troops have been armed with sabers and
pistols; twenty-six with sabers only.

Artillery. — Eleven companies with 6-pounder field guns, mounted (in
all twenty-four pieces), with implements and artillery swords ; one
company with six 12-pounder howitzers, mounted, and with horse
artillery sabers.

Light infantry. — Six companies with rifled muskets; fifty-six com-
panies with smooth-bore percussion muskets; twenty-six companies
with flint-lock muskets.

Riflemen. — Three companies with long-range rifles and sword bayo-
nets; twenty- three companies with percussion rifles ; seven companies
with flint-lock rifles.

Some of the companies of light infantry and riflemen are still defi-
cient in accouterments, but these are being supplied as rapidly as
possible under contracts of the commissioners appointed under the
act of January 21, 1860. The commissioners have purchased since
1st of October last thirteen rifled G-pounder field guns and 5,000
excellent percussion muskets. Although the State has not a large
stock of modern arms, she has enough arms of all descriptions fit
for effective service to arm a considerable military force, and is in
this respect in a much better condition than many others. It is within
your own knowledge that every possible exertion has been made to
meet the provisions and the intent of the act of January 21, 1860, and
that the volunteer corps, as fast as they came up to the requirements
of the law, have been armed and equipped as well as, with the stock
in the arsenals of the State, could possibly be done. Yet, notwith-
standing this notorious fact, discontent, sometimes most unreasona-
ble, has been manifested occasionally, and not a few misrepresenta-
tions and gross perversions of truth have appeared in some of the
public papers; but where everything has been done by the ofiQcers
and other functionaries of the State that it was in their power to do,
it would have been but a waste of time to attempt to quiet the one or
correct the other.

As regards further means of defense not yet provided for, I respect-
fully suggest whether upon our sea-board and in the tide-water region —
certainly the most exposed parts of the State — a defense upon the
water as well as upon the land may not be indispensable. Two or more
steamers of light draft, armed with a deck gun for round shot or a
12-pounder howitzer, or both, would probably constitute the most
effective protection on the coast and along our large rivers. The
State might now call into the field nearly or quite 20,000 volunteers,
and have a reserve, as I believe, of 180,000 militia of the line. This
force would, in case of emergency, be doubled by men above forty-
five, perfectly able and more than willing to bear arms if the State
shall need their services. I am not aware^indeed, I do not believe-
that a plan of organization more efficient, better adapted to the hab-
its and circumstances of our people, and less costly to the State than
the one now in force could be devised. It is my decided opinion,
however, that the organization of an elite force by detail from the

384 COERESPONDENCE, ETC.

volunteers, to be called "The Virginia Legion," as a division or bri-
gade, to be held in readiness for instant service for a year at a time,
is highly expedient now. The plan was presented at the last session
to the chairman of the Committee on Military Affairs, and I confi-
dently recommend it, divested of the provisions involving expense.
If desired I will prepare a detail. Not to enlarge this report by
repeating what was recommended in the last, I beg to refer to the
fifth, eighth, twelfth, and fourteenth paragraphs of that report as in
my opinion still requiring consideration.

The divisions and brigades are generally too cumbrous, and should
therefore be promptly rearranged and the numbers increased. It is
indispensable to provide the officers with the means of instruction in
tactics, and it is especially and imperatively necessary to establish
some more effective means of instruction in cavalry tactics. It was
suggested to me by a distingui.shed Southern-born officer of the U. S.
Army, who was present by invitation at the cavalry encampment near
Richmond in November last, that a camp of instruction for the offi-
cers only would be far more valuable, and it would certainly be more
practicable than the assemblage of that force in masses. He had
assisted in one or more States at such encampments with the best
results. The officers attending them were allowed pay, subsistence,
and forage by the State. The suggestion seems to me to be eminently
worthy of consideration. One or more — ^probably not more than two —
such encampments might be authorized by the Legislature, at which
the cavalrj' officers might attend voluntarily. Provision should be
made \>y the State of subsistence and forage for men and horses, and
to cover expenses of travel, mileage should be allowed to all the offi-
cers who attended and remained during the period of the encamp-
ment. But for the risk of interruption to the course of discipline and
instruction at the Military Institute one encampment there might suf-
fice for the whole State. It is a central point, and the best instructors
are on the spot. If this should be found impracticable the encamp-
ment might be upon the fair grounds of the Central Agricultural
Societj^, near Richmond, which would readily be placed by the society
at the command of the State. The assemblage of any volunteer force
by companies, battalions, squadrons, or regiments long enough to be
tolerably well instructed, especially in the details of camp duty,
imposes too great a tax upon the time of the rank and file, both in the
country and the towns. But if the officers can have the benefit of an
annual camp of instruction it will undoubtedly be imparted to their
commands, particularly when called into actual service. It is burden-
some and useless to require the cavalry officers to attend the ordinary
trainings, and I know that nothing would be more acceptable to them
than this plan. The patriotic devotion of their best services to the
State at no little expense of time and money deserves and, it cannot
be doubted, will command for them on her part all the means of
instruction and encouragement they may require.

The duties of the Adjutant-General's Office are engrossing and
overwhelming — impossible to be performed by any one man, as Yonr
Excellency is fully aware ; and it is a depressing and mortifying fact
that while the heads of all the other departments of our State govern-
ment are allowed as many clerks as they require for the dispatch of
the public business, not one has been allowed for this. If the office
be worth anything to the State, her best interests will be promoted by
a thorough performance of all its legitimate duties, and I need
scarcely remark to you, sir, that more would be gained by that than
the largest clerical force would cost.

CONFEDERATE AUTHORITIES. 385

Document A is an abstract of the return of the militia of the State
to October 1, 1860; B, return of arms, accouterments, and ammuni-
tion in depot at Richmond, Lexington, and in the hands of tlie militia
to October 1, 1860; C, return of the corps of cadets and of arms in
the arsenal at Lexington; D, report of the superintendent of the
armory at Richmond and of arms in the depot thei-e.*

I have the honor to be, verj^ respectfully, vour obedient servant,

WM. II. RICHARDSON,

Adjutant- General.

[Snb-inclosures.]

A. — Abstract of tlie annual return of the militia of the State of Vir-
ginia for the year ending September SO, 1860.

General staff. — Major-generals, 4; brigadier-generals, 28 ; adjutant,
inspector, and quartermaster general, 1; aides-de-camp, 20; brigade
inspectors, 27; brigade quartermasters, 20. Total staff officers, 100.

Cot;a/ri/.— Colonels, 3; lieutenant-colonels, .3; majors, 4; adjutant,
1; quartermaster, 1; surgeon, 1; surgeon's mate, 1; captains, 57;
lieutenants, 136; sergeant-major, 1; quartermaster-sergeant, 1 ; buglers
and trumpeters, 38; sergeants, 184; corporals, 168; privates, 3,180.
Total commissioned officers, 207; total non-commissioned officers,
musicians, and privates, 3,572; aggregate, 3,779. Number of regi-
ments, 5.

Artillery. — Colonels, 4; lieutenant-colonels, 3; majors, 2; adjutants,
2; paj'master, 1; surgeon, 1; surgeon's mate, 1; captains, 17; lieu-
tenants, 39; sergeant-major, 1; quartermaster-sergeant, 1; musicians,
11; sergeants, 57; corporals, 43; privates, 883. Total commissioned
officers, 70; total non-commissioned officers, musicians, and privates,
996; aggregate, 1,066. Number of regiments, 5.

Light infantry, riflemen, and infantry of the line. — Colonels, 1G5;
lieutenant-colonels, 176; majors, 317; adjutants, 177; quartermasters,
165; paymasters, 147; chaplains, 45; surgeons, 169; surgeons' mates,
158; captains, 1,384; lieutenants, 2,369; sergeant-majors, 152; quar-
termaster-sergeants, 135; musicians, 570; buglers and trumpeters, 2;
sergeants, 3,374; corporals, 2,985; privates, 125,382. Total commis-
sioned officers, 5,372; total non-commissioned officers, musicians, and
privates, 132,600; aggregate, 137,972. Number of divisions, 5; num-
ber of brigades, 28; number of regiments, 187; number of troops of
cavahy, 59; number of companies of artillery, 17; number of com-
panies of light infantry, 68; number of companies of riflemen, 72;
number of companies of infantry of the line, 1,141.

State Guard. — Captain, 1; lieutenants, 2; musicians,'2; sergeants,
6; corporals, 6; privates, 70. Total commissioned officers, 3; total
non-commissioned officers, musicians, and privates, 84 ; aggregate, 87.
One company light infantry.

Corps of Cadets. — Colonel, 1; major, 1; adjutant, 1; quartermas-
ters, 2; surgeon, 1; captains, 4; lieutenants, 8; sergeant-major, 1;
quartermaster-sergeants, 2; musicians, 5; privates, 225. Total com-
missioned officers, 18; total non-commissioned officers, musicians, and
privates, 233; aggregate, 251. Four companies light infantry.

Aggregate. — Major-generals, 4; brigadier-genei'als, 28; adjutant,
inspector, and quartermaster general, l;*aides-dc-camp, 20; brigade
inspectors, 27; brigade quartermasters, 20; colonels, 173; lieutenant-
colonels, 182; majors, 324; adjutants, 181; quartermasters, 108; pay-

* Document D not found.
25 K n — SERIES IV, VOL I

386 CORRESPOlSrDENCE, ETC.

masters, 148; chaplains, 45; surgeons, 172; surgeons' mates, 160;
captains, 1,463; lieutenants, 2,554; sergeant-majors, 155; quarter-
master-sergeants, 139; musicians, 588; buglers and trumpeters, 40;
sergeants, 3,621; corporals, 3,202; privates, 129,740. Total commis-
sioned officers, 5,770; total non-commissioned officers, musicians, and
privates, 137,485 = 143,255. Number of divisions, 5; brigades, 28;
regiments, 197; troops of cavalry, 59; companies of artillery, 17;
companies of light infantry, 73; companies of riflemen, 72; companies
of infantrj' of the line, 1,141.

The aggregate above is greatly below the actual military force of
the State, from causes stated in the annual report.

WM. H. RICHARDSON,

Adjutant- General.

Y>. — Arms, accouterments, and ammunition for the year ending Sep-
tember SO, 1860.

Ordnance, brass. — In the hands of the militia: 18 6-pounders, 6
12-pounder howitzers — total, 24; in the Lexington Arsenal: 10
6-pounders, 2 12-pounder howitzers — total, 12; in the armory at Rich-
mond: 1 4-pounder, 32 6-pounders, 6 32-pounders, 2 16-inch mortars,

2 12-pounder howitzers — total, 43. Total, 1 4-pounder, 60 6-pounders,
6 32-pounders; 2 16-inch mortars, 10 12-pounder howitzers; total brass
pieces, 79.

Ordnance, iron. — In the hands of militia: 9 4-pounders, 13 6-pound-
ers— total, 22; in depot, in charge of commandants of regiments, for
service in emergency, 8 6-pounders — total, 8 ; in the Lexington Arsenal :

3 6-pounders, 2 8-inch and 10-inch mortars — total, 5 ; in the armory
at Richmond: 35 4-pounders, 110 6-pounders, 36 12-pounders, 5
24-pounders — total, 186. Total, 44 4-pounders, 134 6-pounders, 36
12-pounders, 5 24-pounders, 2 8-inch and 10-inch mortars; total iron
pieces, 221.

Toted brass and iron pieces. — In hands of the militia, 46; in depot,
in charge of commandants of regiments, for service in emergency, 8;
in the Lexington Arsenal, 17 ; in the armory at Richmond, 229 := 300.

Ordnance stores. — In the hands of the militia: 38 gun carriages, 14
sponges and rammers, 6 ladles and worms, 4 bricoles and drag-ropes,
12 trail handspikes, 2 lead aprons, 6 ammunition boxes, 2 6-pounder
caissons, 4 linstocks, 30 sets of harness, 8,517 ball cartridges of all
kinds, 400 muskets, i-ifled; 1,291 muskets, percussioned ; 3,651muskets,
flint-locks; 4,351 bayonets, 2,595 cartridge-boxes and belts, 1,459 bay-
onet scabbards and belts, 72 brushes and picks, 41-6 ball screws and
worms, 90 artillery musketoons, 315 carbines, 500 rifles, percussioned;
1,096 rifles, flint-locks; 160 rifles (sword bayonets); 399 powder horns
and flasks, 60 pouches, 114 bullet-molds, 498 wipers, 698 screw-drivers,
185 pistols, revolvers; 1,021 horseman's pistols, 643 holsters, 1,259 cav-
alry swords, 236 cavalry cartridge-boxes, 271 artillery swords, 1,343
sword scabbards and belts, 3 bugles and trumpets, 31 drums and fifes,
6 colors. In depot, in charge of commandants of regiments, for service
in emergency: 8 gun carriages, 16 sponges and rammers, 16 trail hand-
spikes, 16 ammunition boxes, 8 linstocks, 39,500 ball cartridges of all
kinds, 830 muskets, percussioned; 2,150 muskets, flint-locks; 2,980
bayonets, 1,600 cartridge-boxes and belts, 1,600 bayonet scabbards and
belts, 220 carbines, 455 rifles, percussioned; 500 rifles, flint-locks; 210
horseman's pistols, 155 cavalry swords, 240 artillery swords, 395 sword
scabbards and belts. In the Lexington Arsenal: 8 gun carriages, 8

CONFEDERATE AUTHORITIES. 387

sets of harness, 25,000 pounds of powder in magazines, 3,000 ball car-
tridges of all kinds, 10 muskets, rifled; 496 muskets, percussioned;
27,815 muskets, flint-locks; 28,311 bayonets, 500 cartridge-boxes and
belts, 500 bayonet scabbards and belts, 52 carbines, 20 rifles, percus-
sioned; 1,007 rifles, flint-locks; 10 rifles, Colt; 101 powder horns and
flasks, 51 pouches, 9 bullet-molds, 10 pistols, revolvers; 210 cavalry
swords, 117 artillery swords, 327 sword scabbards and belts. In the
armory at Richmond : 8 gun carriages, 16 sponges and rammers, 8 trail
handspikes, 16 ammunition boxes, 8 linstocks, 25,000 pounds of powder
in magazines, 175,900 ball cartridges of all kinds, 12 muskets, rifled;
42 muskets, percussioned; 20,372 muskets, flint-locks (2,340 of these
require repairs) ; 20,372 bayonets, 190 cartridge-boxes and belts, 50 bay-
onet scabbards and belts, 80 cavalry musketoons, 31 sappers' and min-
ers' miisketoons, 138 carbines, 45 rifles, percussioned; 690 rifles, flint-
locks (190 require repairs); 94 rifles, Sharps; 236 rifles, Colt; 25
rifles (sword bayonets) ; 1,122 pistols, revolvers; 116 horseman's pis-
tols, 350 holsters (require repairs) ; 2,051 cavalry swords (of these 821
require scabbards and 175 are in bad order) ; 75 artillery swords, 1,459
sword scabbards and belts. Total — 62 gun carriages, 46 sponges and
rammers, 6 ladles and worms, 4 bricoles and drag-ropes, 36 trail hand-
spikes, 2 lead aprons, 38 ammunition boxes, 2 6-pounder caissons, 20
linstocks, 38 sets of harness; 50,000 pounds of powder in magazines,
226,917 ball cartridges of all kinds, 422 muskets, rifled; 2,659 mus-
kets, percussioned; 53,988 muskets, flint-locks; 56,014 bayonets,
4,885 cartridge-boxes and belts, 3,609 bayonet scabbards and belts, 72
brushes and picks, 416 ball screws and worms, 80 cavalry musketoons,
90 artillery musketoons, 31 sappers' and miners' musketoons, 725 car-
bines, 1,020 rifles, percussioned; 3,293 rifles, flint-locks; 94 rifles,
Sharps; 246 rifles, Colt; 185 rifles (sword bayonets); 500 powder
horns and flasks. 111 pouches, 123 bullet-molds, 498 wipers, 698
screw-drivers, 1,317 pistols, revolvers; 1,347 horseman's pistols, 993
holsters, 3,675 cavalry swords, 236 cavalry cartridge-boxes, 703 artil-
lery swords, 3,524 sword scabbards and belts, 3 bugles and trumpets,
31 drums and fifes, 6 colors.

Purchased since 1st of October, 5,000 percussioned muskets and 13
rifled 6-pounder cannon.

WM. H. RICHARDSON,

Adjutant- General.

Decembeb 15, 1860.

C. — Return of ordnance and ord/nance stores received, issued, and
remaining on hand at the Virginia Military Institutey, commanded
by Col. F. H. Smith, during the year 1860.

On hand October 1, 1859, from the last returns: 6 6-pounder brass
cannon, 2 12-pounder brass howitzers, 3 G-pounder iron cannon, 1
2-pounder brass cannon, 1 10-inch iron mortar, 1 8-inch iron mortar,
6 6-pounder cannon carriages, 2 12-pounder howizter carriages, 1
2-pounder cannon carriage, 2 6-pounder cannon caissons, 2 12-pounder
howitzer caissons, 4 6-pounder brass cannon, old pattern; 1 10-inch
mortar bed, 1 8-inch mortar bed, 50 10-inch mortar shells, 50 8-inch
mortar shells, 160 6-pounder cannon balls, 200 canister-shot, unfixed;
1 10-inch mortar sponge and rammer, 1 8-inch mortar sponge and
rammer, 1 10-inch mortar sponge cover, 1 8-ineh mortar sponge cover,
4 6-pounder percussion locks, 4 6-pounder pendulum hausses, 8 hand-
spikes for mortar, 2 linstocks for mortar, 2 haversacks for mortar, 2

388 CORRESPONDENCE, ETC.

tube pouches for mortar, 6 priming wires, 2 gunners quadrants, wood;
2 fuse setters, wood ; 2 gimlets, 2 fuse mallets, 2 baskets, 1 tomplon
for 10-inch mortar, 1 tomplon for 8-inch mortar, 2 quions for 10-inch
mortar, 2 quoins for 8-inch mortar, 2 water buckets, 2 brooms, 2
plummets, 4 pointing wires, 2 shell hooks, 2 scrapers for mortar, 2
spatulas, 2 pairs of gunners' sleeves, 4 extra wheels for caissons, 4
shovels for caissons, 4 felling axes, 4 pickaxes, 4 trail handspikes,
4 tar buckets, iron; 4 water buckets, leather; 8 tarpaulins, 12 by 15
feet; 27,675 muskets, complete (flint-lock), serviceable. (Ten
invoices. )

Received December 1, 1859, from Col. F. 11. Smith, 120 12-pounder
spherical case-shot, 84 12-pounder canister-shot, fixed; 4 fuse cutters,
4 lanyards.

Received July 5, 1860, from Board of Comuiission for Arms, 1 iron
rifled cannon, 100 rifled-cannon shells.

Total to be accounted for October 1, 1860, 0 G-pounder brass cannon,
2 12-pounder brass howitzers, 3 6-pounder iron cannon, 1 2-pounder
brass cannon, 1 iron rifled cannon, 1 10-inch iron mortar, 1 8-inch iron
mortar, 6 6-pounder cannon carriages, 2 12-pounder howitzer carriages,

1 2-pounder cannon carriage, 2 6-pounder cannon caissons, 2 12-
pounder howitzer caissons, 4 6-pounder brass cannon, old pattern; 1
10-inch mortar bed, 1 8-inch mortar bed, 50 10-inch mortar shells, 50
8-inch mortar shells, 100 rifled-cannon shells, 120 12-pounder spherical
case-shot, 84 12-pounder canister-shot, fixed; 160 6-pounder cannon
balls, 200 canister-shot, unfixed; 1 10- inch moi-tar sponge and ram-
mer, 1 8-inch mortar sponge and rammer, 1 10-inch mortar sponge
cover, 1 8-inch mortar sponge cover, 4 6-pounder percussion locks, 4
G-iDounder pendulum hausses, 8 handspikes for mortar, 2 linstocks for
mortar, 2 haversacks for mortar, 2 tube pouches for mortar, 6 priming
wires, 2 gunners' quadrants, wood; 2 fuse setters, wood; 4 fuse
ciitters, 2 gimlets, 4 lanyards, 2 fuse mallets, 2 baskets, 1 tompion for
10-inch mortar, 1 tompion for 8-inch mortar, 2 quoins for 10-inch
mortar, 2 quoins for 8-inch mortar, 2 water buckets, 2 brooms, 2
plummets, 4 pointing wires, 2 shell hooks, 2 scrapers for mortar, 2
spatulas, 2 pairs of gunners' sleeves, 4 extra wheels for caissons, 4
shovels for caissons, 4 felling axes, 4 pickaxes, 4 trail handspikes,
4 tar buckets, iron; 4 water buckets, leather; 8 tarpaulins, 12 by 15
feet; 27,675 muskets, complete (flint-lock), serviceable.

Total issued and expended at Charlestown and at this post to Octo-
ber 1, 1860: 4 10-inch mortar shells, 42 8-inch mortar shells, 50 rifled-
cannon shells, 100 6-pounder cannon balls, 4 handspikes for mortar,
4 priming wires, 2 fuse mallets, 2 brooms, 2 plummets, 4 felling axes

2 trail handspikes, 3 tarpaulins, 12 by 15 feet.

Executive Department,

June 17, 1861.
Gentlemen op the Convention:

Justice to the Executive, and tliose who liave been associated with
him in the administration of the State government, imperatively
demand that a full detail of all that has been done shall be submitted
to the convention, in order that it may liave a place upon the public
records, and thus go down to posterity. The present is an occasion
of deep interest and importance in the history of the State, and I

CONFEDERATE AUTHORITIES. 389

trust, therefore, that this detail of facts, sustained by proofs that can
not be gainsaid or controverted, will not be considered either as
untimely or out of place.

In my inaugural message I embraced the opportunitj' to advise the
General Assembly that it was their "duty to place the State in
such a condition that she will be prepared at all times and upon the
shortest notice to protect her honor, defend her rights, and maintain
her institutions against all assaults of her enemies. With this view
I recommend a careful revision of the militia laws; and in this con-
nection I suggest that munitions of war bo procured and provision be
made for the organization of an efficient military staff." I recom-
mended at the same time the passage of a bill "for the organization
of a brigade of minute men," and furnished the draft of a bill for the
accomplishment of this object.

On the 21st day of January, 1861, the General Assembly passed "An
act making an appropriation of $180,000 to purchase such arms,
equipments, and munitions as may be required for the immediate use
of the State." This sum was to be expended under the direction of
a commission to be appointed by the Executive, and consisted of Col.
P. St. George Cocke, Maj. George W. Randolph, and Col. F. H.
Smith, who were appointed immediately after the passage of the act,
and entered upon the discharge of their duties. No men were ever
more prompt and faithful in the performance of a public duty, and
their action received the approval of the General Assembly. Out of
this appropriation thirteen rifle cannon, 5,000 percussion muskets,
revolvers, cavalry sabers, 50,000 pounds of powder, and other articles
were purchased. The entire sum was expended, as will fully appear
from the report of Major Randolph, made to the General Assembly
on the Istdaj^ of April last, and herewith transmitted.*

By an act passed Januarj' 29, 18G1, it was made the duty of the col-
onel of ordnance, under direction of the Governor, to procure the
necessarj' arms, equipments, and munitions of war for the defense of
the State. He is authorized also to contract for the manufacture
of equipments and munitions and to buy materials therefor, and to
contract for altering and improving cannon and small-arms and to
purchase machinery and materials therefor. The act appropriates
8800,000 to accomplish these purposes. Col. Charles Dimmock was
nominated to the Senate and confirmed as colonel of ordnance,
and immediately entered upon the discharge of his duties. His
report, herewith transmitted (Appendix B),* will show what was done
under this act.

By the same act the Governor is authorized to employ an engineer
to plan and construct coast, harbor, and river defenses, and to execute
the same, if approved by the Governor. For this position Colonel
Talcott was selected, and he has been most industriously and energet-
ically employed in the discharge of his important duties. 'I'lie act also
provided for the construction of three arsenals in different sections
of the State, and for the purposes mentioned in this paragraph the
sum of $200,000 was appropriated. Under this act the amount appro-
priated could not be raised in the usual mode, by tlie sale of State
bonds, the bonds having depreciated 20 per cent, or more, and our
law prohibiting the sale at less than their par value.

Hence, an act was passed, on the 14th day of March thereafter,
authorizing the issue of §1,000,000 of treasury notes. Tliis act author-
ized the Governor to direct the auditor to borrow for the State from

"" Ni)t found.

390 CORRESPONDENCE, ETC.

time to time the sum aforesaid and to issue treasury notes therefor.
Under the act the banks were authorized to discount or purchase such
treasury notes. The convention subsequently, by an ordinance passed
April 30, 1861, authorized the Governor to raise for the defense of the
Slate, by treasury notes, a sum not exceeding $2,000,000. These notes
are made payable to bearer and are redeemable one year after their
dates, and when paid are to be canceled, and reissues are authorized
for a like amount. In less than one week after the passage of the
ordinance of secession the navj' department was fully and effectively
organized, and the report of Captain Barron, the officer in charge
(which is herewith transmitted and will be found in the Appendix,
marked C),* shows what has been done in an incredibly short time.

The State has liad f uU work for all the officers, seamen, and marines
embraced in this organization, and all, so far as I know or believe, have
worked laboriously, cheerfully, and effectively. Besides the laborious
work of removing the heavy guns and other munitions from the navy-
yard to the various points upon our rivers at which the batteries are
located, we have had to construct the gun carriages and to provide the
necessary fixed ammunition for the batteries. Those batteries are in
good working order and are effectively manned. The fact that these
guns weigh from 5, 000 to 10,000 pounds each, with transportation essen-
tially by land, will show the amount of labor required to get them in
position. Besides, the steam-frigate Merrimac, which had been sunk
by the Federal authorities and burned to the water's edge when they
deserted the navy-yard, has been raised, and is now in the naval dry-
dock undergoing repairs. An effective battery has been placed on
board the frigate United States, and the navy-yard itself is well pre-
pared for vigorous defense. At Richmond the steamer Yorktown has
been nearly completed as a war steamer, and a steam-tug, bought by
the State, has been completely fitted up. These will soon be ready to
co-operate with the other military operations and will be prepared to
render efficient service.

Provisional army. — Appointments in the higher grades were con-
fined to retired officers of the Army who had left the service of the
United States. To carry into immediate effect the provisions for
recruiting, appointments were made of a number of first and second
lieutenants, nearly one-half of whom are graduates of the Virginia
Military Institute, and they have been distributed throughout the
State on recruiting service. It is now satisfactorily ascertained that
while the volunteer organization is so actively pressed as it now is in
our State it. is impossible to raise the 10,000 men proposed by the ordi-
nance. One regiment, perhaps, may be raised. To give employment
to the young officers the commanding general has made good use of
them in organizing and drilling the volunteers as they were received
at the various camps of instruction. As many of them as may be
required for this and the engineer service may be retained with
advantage until their services shall be no longer necessary; the remain-
der might be disbanded, after organizing the companies already
recruited.

The report of Major-General Lee is herewith transmitted, and I com-
mend it to the attention of the convention. It presents information
that cannot fail to be interesting and instructive, as it shows the prog-
ress of our military matters since the ordinance of secession was passed.
(Appendix E.*) The Harper's Ferry machinery and the disposition
made of it was the subject of a previous communication, and to that

* Not found.

CONFEDERATE AUTHORITIES. 391

and the accompanying papers I refer. I transmit a copy of the procla-
mation turning over the military power of the State to the Cofederate
States. The terms are satisfactory, so far as I know or believe, to
both sides. (Appendix F.*) The intercourse between the council
and the Executive has been of the most agreeable cliaracter. The
journal, regularly kept, will show that their action has been charac-
terized by a remarkable unanimity, and it is a source of satisfaction
to me to know that I have rarely felt constrained to dissent from their
advice. Their services have been appreciated by me and should be
appreciated by the State.

The rule which has regulated me in making appointments was to
ascertain in the first place whether the applicant was loyal to the
State. If he was loyal, competent, and efficient, it was all I required.
In making my selections I have not regarded old party divisions.
Whether a man originally belonged to the one or the other of the old
political parties into which our people have been divided was an
inquiry that I thought unworthy of the times. We had a common
interest and a common object in defending our State against the
assaults of the Federal Government, and mj^ desire was to make our
people a unit, if possible, for the successful prosecution of the great
work which was before us. I think I can safely affirm that there is
not the name of an unfaithful son of the Commonwealth upon the
list, and it is cause of congratulation with me to know that they have
been confirmed by the council with very general unanimity. No one
was objected to, as I am informed, on the score of want of fidelity to
the State. The commissary, quartermaster, and medical appoint-
ments were made at the earliest practicable moment after the author-
ity was given, and although some bad appointments were made (some
of which have been removed), the result has shown great efficiency
in all these departments. The paymaster's department has also been
organized and will, I believe, prove as efficient as the others.

When the war commenced I was greatly embarrassed, not only from
my own want of knowledge in military matters, but also from the
want of experienced military advisers, commanders, and an organized
staff corps. Under these circumstances I was called at once to make
provision for commands at the important points of Norfolk, Harper's
Ferry, Alexandria, and Fredericksburg. Until General Lee was
appointed I was without the aid and advice of an experienced military
man. If I liave under these circumstances committed blunders it is
not to be wondered at; the only wonder is that I have not made many
more.

The State has paid out, under the direction of the auditing board,
from the 31st daj^ of April to the 14th day of June, the following
sums, viz:

For the army - - $1,737,950.49

For the navy 100,748.49

Total -_- - 1,838,698.98

Outstanding allowances not yet presented at the treasury will add
$100,000 to this sum. (Appendix E.f) On the 1st of July wo will be
required to raise $1,800,000 to pay our troops now in the field. Besides
all these difficulties to encounter and overcome, the Executive, by law
and by ordinances of convention, has been compelled to provide the
means necessarj^ to meet the expenditures incident to sucli important

» See Series I, Vol. II, p. 911. t Not found.

392 CORRESPONDENCE, ETC.

movements and the exertion of sucli extraordinary power. At tlie
time when the ordinance of secession was passed tliere was in the
treasury to the credit of the Commonwealth the sum of $384,605.25,
and from that period to this the entire amount received from the
revenue of the State is about §321,617.75, making $706,223 to meet
the ordinary expenses of government and the extraordinarj^ sums to
carry on tlie war. The actual sum expended for the war alone has
been nearly 82,000,000, and the sum necessary to meet the liabilities
incurred and not yet presented for paymeut will be nearly $2,000,000
additional.

To meet these expenditures the General Assembly had authorized
the issuing of treasury notes to the amount of $1,000,000. For this
purpose tbe aiiditor of public accounts had made arrangements to
have the treasury notes engraved at the North, and when the plates
were ready for delivery they were seized by the Government of the
United States, and of course could not then be issued. This occa-
sioned delay in the execution of the notes, and rendered it necessary
to contract for engraving new plates here in the city of Richmond,
which could not be executed until within a few days past. Subse-
quently the convention authorized the issue of $2,000,000 more of
treasury notes, and both the law of the Legislature and the ordinance
of the convention authorized the banks to receive these notes and to
discount upon them. Under this authority there has been raised
from the banks, by giving temporary notes, payable in July, the
amount of $1,854,500, which, with the amount in the treasury, has
realized the sum of $2,500,723, and the government has been able to
meet every engagement of the Commonwealth so far with the cur-
rency of the State promptly, no creditor having to wait longer than
necessary to credit and settle his accounts. A summary of the oper-
ations of the executive department since the 18th of April, 1861,
shows tlie following results :

1. The navy-yard and Harper's Ferry Arsenal, captured without
the loss of a single life, and securing to the State property estimated
in its intrinsic value at from §25,000,000 to $30,000,000.

2. Upward of 40,000 volunteers have been drawn from their peace-
ful pursuits, and some of them from the most distant parts of the
State; have been instructed in the elementary exercises of the soldier;
have been armed, equipped, and supplied with every necessary for
active service in the field, and are now ready to defend the honor
and maintain the liberties of the State.

3. A navy department, hitherto unknown to our State organization,
has been thoroughly and effectively organized. Navy batteries,
numbering upwai-d of 320 pieces of heavy ordnance, varying in
weight from 5,000 to 10,000 pounds, have been established, the gun
carriages for the most part made, and the ammunition prepared,
while upward of 120 pieces of heavy ordnance have been forwarded
to other States of the Southern Confederacy.

4. The various staff corps, embracing commissary, quartermaster,
medical, and engineer departments, have been organized under ordi-
nances passed since the 20th of April, 1861, and their efficiency has
not onlj- contributed to the promptness and completeness of the
preparation whicli has enabled us to put so large a force from our
own State into the field, but to facilitate the movements and efficiency
of most of those who have come to our aid from the other States of
the Confederacy.

5. And, finally, these results have been reached in due regard to
an economic expenditure of the public money. The stores and other

CONFEDERATE AUTHORITIES. 393

property purchased for the military operations have been paid for as
they were bought, and thus the credit of the State has been fully
sustained.

It is due to truth and justice that I should here record, in this
recapitulation, my high appreciation of the industry, judgment, and
jirofessional skill which have marked the conduct of the distinguished
t)Hicer who has been called by me, with the unanimous approval of
the convention, to conduct tlie militarj' and naval operations of
\'irginia. From everj'^ principle of duty and patriotism the executive
department of the Slate has felt called upon to co-operate cordially
and heartilj' with the Government of the Confederate States, and the
policy which has controlled my action heretofore will continue to
regiilate it. The great interests at stake demand the surrender of all
questions of a subordinate character in a vigorous and united effort
to maintain the common rights of the South. Nothing will be left
undone to advance the interests of all, and the candor, frankness,
and sincerity which have been exhibited by the President assure me
that harmony and concert of action will be the result. He duly
appreciates the importance of the occasion, and his courage, prudence,
and military experience will exert a salutary influence in directing
and controlling the military movements now in progress for the pro-
tection of Virginia and the South.

And, finally, I communicate herewith orders issued to Generals
Carson, Taliaferro, and Haymond, and also a letter acknowledging
the receipt of General Harper's report of operations at Harper's
Ferry. General Harper was placed in charge of the expedition
against Harper's Ferry, and I regret that the orders given to him on
the 17th day of April last have been mislaid. These orders show
that I acted with the promptness and decision due to the occasion.
General Harper's report will be found with these orders. *
Respectfully.

JOHN LETCHER.

Richmond, June 18, 1861.
General Jackson Mokton,

Fensacola, Fla.:
The Governor of your State now desires to arm another regiment
for the defense of Florida. Under these circumstances the President,
with every desire to oblige you, does not think it right to accept
troops from j^our State for service in Virginia.

L. P. WALKER.

MiLLEDGEViLLE, June 18, 1861.
President Jefferson Davis:

I have General Phillips' brigade in camp of instruction. Will
organize the mountain regiment next week. Will arm and equip
both. They go for the war. Will undertake to comply with your
wish to supplj^ an armed regiment in place of Semmes', now at Bruns-
wick, except the sea-coast company, Captain Styles. Will retain
him and put company in his place, provided your quartermaster can
arrange supplies of provisions for the new companies as they arrive

*None of these inclosures found herewith, but see Harper to Letcher, Series I,
Vol. II, p. 774.

394 CORRESPONDENCE, ETC.

at Brunswick, and you will have them mustered into service as the
companies arrive, with fifty to eighty rank and file each, and let
them hold elections for field officers when the ten companies assem-
ble. My quartermasters have all they can do at present supplying
brigade and preparing for next regiment. If you arrange supplies
for new regiment as it assembles at Brunswick you can order Colonel
Semmes to Virginia at your pleasure. He lacks 500 accouterments,
which I will try to supply very soon. Please answer immediately,
and say what you will do.

JOSEPH E. BROWN.

Richmond, Va., Jttne 18, 1861.
Governor Joseph E. Brown,

Milledgeville, Ga.:
Your dispatch to the President is received. Troops mustered into
service by companies must conform to Confederate organization, hav-
ing not less than sixty-four rank and file. If the regiment is organ-
ized before mustered into service the organization of the companies
would conform to your State law, and the regiment, in order to be
entitled to elect its field officers, must do this before being mustered
into service; otherwise the President would appoint the field officers.

L. P. WALKER.

Milledgeville, June 18, 1861.
President Jefferson Davis:

The reply of the Secretary of War makes it impossible for me to
supply the regiment in place of Colonel Semmes' regiment at present.

JOSEPH E. BROWN.

Headquarters,
Richmond, Va., June 18, 1861.
Edmund T. Morris,

Convention of Virginia:
Sir: In reply to your letter of the 18th instant I have the honor to
state that I consider it very important to the military operations
within Virginia that proper and easy connections of the several rail-
roads passing through or terminating in Richmond or Petersburg
should be made as promptly as possible. The want of these con-
nections has seriously retarded the operations so far, and they may
become more important. All the guns, ammunition, &c., from Nor-
folk on reaching Petersburg have either to be transported across the
Appomattox to the Richmond and Petersburg Railroad or forwarded
to the Richmond and Danville Railroad and to be again transported
at Richmond. The transportation of troops has also been delayed in
the same manner. I have previously urged the connection of the
roads within the cities of Richmond and Petersburg and hope it may
now be established.

Very respectfully, &c.,

R. E. IjEE,
General, Commanding.

confederate authorities. 395

Adjutant and Inspector General's Office,

Richmond, June 18, 1861.
F. A. Briscoe, Esq.,

Winchester, Va.:
Sir: In reply to your letter of June 12, 1861, to Mr. F. A. Baldwin,
in relation to organizing a guerrilla force, I am directed to say that
such a force, when organized, armed, and equipped, will be received
into service, and commissions issued to the officers thereof from tliis
office so soon as advised of compliance with foregoing requirements.
I am, sir, respectfully, your obedient servant,

R. II. CHILTON,
Assistant Adjutant- General.

Charlottesville, Va., June 20, 1861.
Hon. L. P. "Walker,

Secretary of War, Confederate States of America :
Sir: I take the liberty of inclosing to you a statement of Capt. C. K.
Sherman, late of Washington, which speaks for itself. I can from
personal knowledge vouch the accuracy of most of his statement, and
from my knowledge of Captain Sherman place implicit confidence in
all that he says. It seems to me that he presents a strong case for
your consideration, and I sincerely trust that something efficient may
be done in the premises.

With high respect, your obedient servant,

SHELTON F. LEAKE.

[Inclosure.]

Memoranda for Hon. Mr. Leake.

Company A, Washington Volunteers (formerly National Volun-
teers), is a military company formed in Washington Citj% D. C. , for the
purpose of delivering that city from the hands of the Black Repub-
licans into those of the South in the event of the secession of Virginia
or Maryland. "Rebels," however, were scarce in Washington, and
150 men were all that could be found to aid in the glorious cause of
freedom. These were at the point of the bayonet compelled to leave
their homes. They are now at Camp Pickens, in the service of Vir-
ginia, and are willing and anxious to do hard ser-vice. Yet they lack
accotiterments and camp equipage. They are entirely without car-
tridge and cap boxes and bayonet scabbards. Tents are being pro-
vided by the patriotic ladies of Charlottesville, thus adding one more
to the many acts of kindness extended to us by them.

1'liis company numbers sixty men, and they earnestlj' desire for this
number those accouterments without which they cannot be very effect-
ive upon the battle-field, viz, cap and cartridge boxes, bayonet scab-
hards, and, if it were not asking too much, rifles or minie muskets in
place of the old muskets they now have, and they fear that for want
of tliese they may not be with the advance. We know personallj' the
most active of our enemy, and with improved arms we will promise to
make havoc among them. The muster-rolls of this company have long
since been furnished, yet the officers are still uncommissioned. These
memoranda are made in no spirit of complaint, but only to draw atten-
tion to our need of those things that will enable us to do good service

396 CORRESPONDENCE, ETC.

to the cause to which, with all we have of mind and sonl and energy,
we are so truly devoted.

Very respectfully, &c.,

C. K. SHERMAN,

Captain.

AN ORDINANCE to repeal the ordinances concerning the advisory council.

Be it ordained, That the several ordinances of the convention to
authorize the appointment of an advisory council, to define its author-
ity, to increase its number, and to prescribe the compensation of its
members, be, and the same are hereby, repealed.

Adopted by the convention of Virginia June 19, 1861.

JNO. L. EUBANK,

Secretary of Convention.

The foregoing is a true copy of an ordinance this day furnished to
me by the secretary of the convention of Virginia.

P. F. HOWARD,
Late Secretary of Advisory Council.
.June 20, 1801.

[Junk 21-September 4, 18G1. — For correspondence between Walker
and Rector in relation to tlie transfer of Arkansas troops to the Con-
federate service, see Series I, Vol. Ill, pp. 595, 597, C35, 639, 069, 082,
687, 088, 089, 094.]

Confederate States of America, War Department,

JRichmond, June 23, 1861.
Hon. Messrs. Graham and Ruffin,

Commissioners from North Carolina:
Gentlemen : I herewith transmit you the acts passed by the Pro-
visional Congress at its first and second sessions, and in relation to
the conversation between us had on yesterday deem it proper to say
that by reference to the act "to provide for the public defense," and
the emendations to that act, you will find the law regulating and con-
trolling the organization and service of the provisional forces of the
Confederate States. It will be seen that volunteers have the same
organization and the same pay and allowances provided for the Reg-
ular Army, and are received and mustered into service by "companies,
squadrons, battalions, and regiments" only. When thus organized,
according to the act "for the establishment and organization of the
Army of the Confederate States of America," they uniformly are
accepted with the company and field of&cers selected by themselves.
It is quite apparent this Department cannot receive under the law a
higher military organization than that of a regiment, and it has always
claimed and exercised the right to make all staff appointments, recon-
ciling, in this respect, as far as practicable, the preferences of the
volunteers with the interests of the service. Brigades are organized
and general officers appointed by the authorities here. The Congress
wisely confided both the one and the other to the military experience
of the President, and the reservation of staff appointments to the War

CONFEDERATE AUTHORITIES. 397

Department was essentially necessary to the harmonious adminis-
tra.tion of the Commissariat, Quartermaster, and Surgical Bureau,
operating throughout a field so extensive and ramified as that now
existing.

Some of the States, before joining their fortunes to those of the Con-
federates, found it necessary to make independent military prepa-
rations and to raise troops under their own laws. These troops had
been generally passed under Confederate authorities through agree-
ments between their respective States and the Confederate Govern-
ment. In view of the controlling necessity of the case and to avoid
confusion the Confederate Government may, perhaps, in this manner
luive taken into its service troops not thoroughly organized according
to the requirements of Congress, but in no instance has the Confed-
erate Government stipulated to receive from a State a brigade as such,
or a general officer, or yielded to a diminution of its power to regulate
staff appointments at will. The organization of the Regular Army
provided for at the first session of the Congress has been entirely sus-
pended for tlie present, in view of the public necessities and the
immediate demand for large forces in the field, only to be supplied
through volunteers. This Department has been enabled the more
readily to take this step in consequence of the law passed at the sec-
ond session of Congress, in order to meet the proclamation issuing
from the Government at Washington calling for enrollments for three
years and enlistments for the war. By this law the President was
authorized to receive volunteers for the war. Thousands have been
so tendered, and by the fall the chief bulk of the Army now in the
field from tlie original States composing the Confederacj' will stand
on the same basis as regulars. An enormous expense has been thus
saved to the Government, at tlie same time that the effectiveness of
the service, through the suspension of the organization of the Regular
Army, has in no manner been diminished.

It is understood here that North Carolina has organized ten regi-
ments for the war, to be passed under Confederate authorities, and it
gives me pleasure to say tliat these regiments will be mustered into
the service and received into the pay of this Department at the earliest
moment after notification from Governor Ellis of their actual organic
formation. But concerning the fact mentioned by you, that a number
of volunteers in addition to the ten regiments reported for the war
are being raised in North Carolina, it is proper for me to state that
the President, under the laws of Congress authorizing him to make
requisitions upon the States, will call for these troops from time to
time as the public exigencies may demand. He now more especially
desires to embody in the different States a reserved army corps, to be
placed in camps of instruction and thoroughly prepared as regulare to
meet the casualties of the battle-field and a possible reverse of arms.
To this end these forces will be enrolled for the war, will be received
by companies, and as thus mustered into service will be paid and
subsisted by this Department. The numbers necessary to the entire
corps will be determined upon and the quota of North Carolina made
known to Governor Ellis in the course of a few days.

This Department would not arrogate to itself to suggest unasked
what course North Carolina should pursue in the transfer of the forts
and arsenals within her limits, but as the Commissioners have done
me the honor to request an expression of opinion on the subject, I do
not feel at liberty to decline their solicitation. Such jurisdiction over
the forts and arsenals should be ceded to the Confederate Government

398 CORRESPONDENCE, ETC.

as would clothe it with the power fully to execute the objects of the
transfer. The particular form in which this shall be done this Depart-
ment will not presume to indicate. This form has varied in the difEerent
States, the transfer in some of them being absolute or without limita-
tion, while in others the ultimate fee has been reserved, together with
the right to resume jurisdiction whenever, in the opinion of the State
making the cession, the power transferred should be unjustly used. I
Avould furnish copies of these transfers, but they are not upon the files
of the Department. The subject is one of vast moment, and the des-
potism exercised by the Government at Washington over the forts and
arsenals ceded to the United States in derogation of the trust reposed
in its authorities is patent on the face of events. It will be for the
v/isdom of your statesmen so to word the instrument of transfer as to
reconcile the fundamental doctrine of State rights set forth in the
Constitution with tlie imperative requirements of our present military
operations against an insolent and audacious foe and the exacting
purposes of the general defense hereafter.

I have the honor to be, with high consideration and respect,

L. P. WALKER,
Secretary of War.

General, Ordeks, | Adjt. and Insp. General's Office,

No. 9.* [ Richmond, June 25, I8€l.

1. The following regulations are published for the guidance of
the Army, and they will be strictly enforced :

DISCHARGES.

2. No enlisted man shall be discharged before the expiration of his
term of enlistment without authority of the War Department, except
by sentence of a general court-martial, or by the commander of the
department or of an army in the field on certificate of disability, or
on application of the soldier after twenty years' service.

3. When an enlisted man is to be discharged his company com-
mander shall furnish him certificates of his account, according tO/
form 4, Pay Department.

4. Whenever a non-commissioned officer or soldier shall be unfit
for the military service, in consequence of wounds, disease, or
infirmity, his captain shall forward to the commander of the depart-
ment or of the army in the field, through the commander of the regi-
ment or post, a statement of his case, with a certificate of his disability,
signed by the senior surgeon of the hospital, regiment, or post, accord-
ing to the form prescribed in the medical regulations.

o. If the recommendation for the discharge of the invalid be
approved, the authority therefor will be indorsed on the "certificate
of disability," which will be sent back to be completed and signed by
the commanding officer, who will then send the same to the Adjutant-
General's Office.

6. The date, place, and cause of discharge of a soldier absent from
his company will be reported by the commander of the post to his
company commander.

7. Company commanders are required to keep the blank discharges
and certificates carefully in their custody.

*8ee foot-note, p. 369.

CONFEDERATE AUTHORITIES. 399

LEAVES OF ABSENCE TO OFFICERS.

8. In no cases will leaves of absence be granted so that a company
be left without one of its commissioned officers, or that a garrison
post be left without two commissioned officers and competent medical
attendance ; nor shall leave of absence be granted to an officer dur-
ing the season of active operations, except on urgent necessity, and
then as follows: The commander of a post may grant seven days'
leave ; the commander of an army thirty days.

9. When not otherwise specified, leaves of absence will be consid-
ered as commencing on the day that the officer is relieved from duty
at his post. He will report himself monthly, giving his address for
the next thirty days to the commander of his post, and of his regi-
ment or corps, and to the Adjutant-General; and in his first report
state the day when his leave of absence commenced. At the expira-
tion of his leave he will join his station.

10. The immediate commander of the officer applying for leave of
absence, and all intermediate commanders, will indorse their opinion
on the application before forwarding it.

11. The commander of a post may take leave of absence not to
exceed seven days at one time, or in the same month, reporting the
same fact to his next superior.

12. An application for leave of absence on account of sickness must
be accompanied by a certificate of the senior medical officer present
in the following form:

, of the regiment of , having applied for

a certificate on which to ground an application for leave of absence,
I do hereby certify that I have carefully examined this officer and
find that . (Here the nature of the disease, wound, or disa-
bility is to be fully stated, and the period during which the officer has
suffered under its effects. ) And that in consequence thereof he is,
in my opinion, unfit for duty. I further declare my belief that he

will not be able to resume his duties in a less period than .

(Here state candidly and explicitly the opinion as to the period which
will probably elapse before the officer will be able to resume his
duties. When there is no reason to expect a recovery, or when the
prospect of recovery is distant and uncertain, or when a change of

climate is recommended, it must be so stated. ) Dated at , this

day of .

(Signature of the medical officer.)

13. When an officer is prevented by sickness from joining his sta-
tion he will transmit certificates in the above form monthly to the
commanding officer of his post and regiment or corps, and to the
^Vdjutant-General; and when he cannot procure the certificates of a
medical officer of the Army, he will substitute his own certificate on
iionor of his condition and a full statement of his case. If the offi-
cer's certificate is not satisfactory, and whenever an officer has been
absent on account of sickness for one year, he shall be examined by
a medical board and the case specially reported to the Pi-esident.

14. In all reports of absence or applications for leave of absence on
account of sickness the officer shall state how long he has been absent
already on that account and by whoso permission.

400 COERESPONDENCE, ETC.

F0KLOUGHS TO ENLISTED MEN.

15. Furloughs will be granted only by the commanding officer of
the post or the commanding olBcer of the regiment actually quartered
with it. Furloughs may be prohibited at the discretion of the officer
in command.

16. Soldiers on furlough shall not take with them their arms or
accouterments.

FORM OF FURLOUGH.

To all ivhom it may concern:

17. The bearer hereof, , a (sergeant, corporal, orprivate,

as the case may be) of captain company, regiment of

; age, years, eyes, hair, and by profession a

; born in the of , and enlisted at , in the

of , on the day of , eighteen hundred and

, to serve for the period of , is hereby permitted to go to

-, in the county of , State of , he having received

a furlough from the day of to the day of , at

which period he will rejoin his company or regiment at , or

Avherever it then maj' be, or be considered a deserter. Subsistence

has been furnished to said to the day of

and pay to the day of , both inclusive.

(Signature of the officer giving the furlough.)
By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

T-ALLADEOA, Ala., June 25, 18ft 1.
Hon. L. P. Walker,

Richmond, Va.:
Dear Sir: There are several companies in East and Northeast and
Central Alabama anxious for an opportunity to serve the Confederate
States. It will be quite easy to get a regiment. I think it could be
made up with proper officers in two Aveeks. Some captains and others
interested have requested me to write to you and ascertain the condi-
tions on which they will be received, or whether they will be received
at all. The policy of appointing army officers is a 'good one. One or
two in a regiment will give efficiency and confidence. To the gentle-
men whom I represent a colonel from the Regular Army would be
wholly unobjectionable. Can you not authorize Col. James Longstreet
or Capt. Alfred Chapman to raise a regiment? I suggest them
because an Alabamian would more readily and expeditiously organize
the regiment. The lieutenant-colonel and major might be appointed
from the regiment or civil life, while the adjutant could be taken from
the regular line. Advise me whether you will give the authority.
The men are very eager, and some have been disappointed several
times. Longstreet was suggested by the men who sought my inter-
position; Chapman Avas added because he is an Alabamian.
Yours, respectfully,

.1. L. M. CURRY.

CONFEDERATE AUTHORITIES. 401

Richmond, Jime 25, 1861.
Governor Graham and Judge RUFFIN,

Raleigh, N. C:
The President directs me to say that if the volunteers are for twelve
months he will accept 2,000. Beyond this number he cannot go. A
reserved corps for the war of 3,000 men will be called for from your
State in a day or two, to go into camp of instruction, and to be accepted
by companies. This arrangement will probably absorb what is left of
your volunteer organization. For other points I refer you to my letter
of the 23d instant.

L. V. WALKER.

Savannah, J^me 26, 1861.
Maj. J. GoRGAS:

Governor Brown just ordered the arsenal-keeper not to issue any-
thing to the order of a Confederate officer for the present. This locks
up half a million caps and stops cartridge-making. I should like to
see you and explain matters about the State ordnance.

W. G. GILL,
Captain of Artillery and Ordnance Officer.

Atlanta, June 27, 1861.
Hon. Jefferson Davis,

President of the Confederate States of America:
Dear Sir: I am greatly obliged by the assurances received from
you that my course in reference to the arms belonging to the State of
Georgia meets your approval. I am sending into the Confederate
service as fast as possible Georgia regiments fully armed and
equipped. This I shall continue to do as long as I have men with
guns, but I can only consent that the arms belonging to the State
leave the State under my direction. I regret to have to call your
attention to the fact that certain companies in this State connecting
themselves with regiments usually called Confederate or independent
regiments are carrying the State's arms with them in open violation
of my orders. I am informed to-day that a company known as the
Floyd Sharpshooters, from Rome, commanded by Captain Hamilton,
which has just left the State in what is usually known as the Morri-
son Regiment, which, it is now said, is to be commanded by Colonel
Smith, have carried or caused to be transported beyond the limits of
the State sixty muskets of the model of 1842, which were. at Rome,
belonging to the State. This has been done in palpable violation of
my orders. The guns were sent from Rome to Dalton in a wagon
in boxes and thence out of the State and are now doubtless in posses-
sion of the company in Virginia. For the purpose of stopping these
illegal seizures and removal of the State arms in future, I hereby
demand the return of the arms to me by express to Atlanta immedi-
ately, and ask you, as the company is now under your command and
beyond my control, to pass such order as is necessary to secure the
speedy return of the arms of which the State has been wrongfully
deprived in the manner above mentioned.

JOSEPH E. BROWN,

Governor of Georgia.

26 R R — SERIES IV, vol. I

402 CORRESPONDENCE, ETC.

[First indorsemeiit.]

Secretary of War for attention and report.

J. D.

[Second indorsement.]

The Adjutant-General has been directed to make inquiry, and if
possible the wish of His Excellency will be executed.

L. P. W.

Atlanta, Jujie 27, 1861.
Hon. L. P. Walker,

Secretary of War:
The Tenth Regiment Georgia Volunteers will rendezvous at Atlanta
on next Monday. Who will muster them into service ? Must be mus-
tered in at Atlanta.

JOS. E. BROWN.

AN ORDINANCE to provide for the disposition of the State troops and volun-
teers raised under the acts of the General Assembly, respectively entitled " An
act to raise 10,000 State troops, ratified the 8th day of May," and ." An act to
provide for the public defense, ratified the 10th day of May, 1861, and for other
purposes."

1. Be it ordained by the delegates of the people of North Carolina
in convention assembled, That the State troops levied under the act
of the General Assembly first aforesaid, which have been formed into
regiments with proper complements of officers and men, be, and the
same are hereby, transferred by regiments to the Confederate States
of America upon the same terms and conditions as if they had been
raised under the authority of the said Confederate States.

2. Be it further ordained by the authority aforesaid, That all levy-
ing and recruiting of troops under said act shall cease and deter-
mine from and after the 20th day of August next, and that aU troops
which shall have been raised under said act prior to that day shall be
organized into regiments and transfei-red to the Confederate States in
the manner and upon the terms and conditions aforesaid; and if there
shall be an excess in the number of said troops sufficient to form a
battalion, companies, or company, such excess may be organized
according to its appropriate numbers and transferred in like manner.

3. Be it further ordained. That all appointments' of officers under
said act, either in the line or in the staff, over and above the number
appropriated to and required by the regiments, battalions, and com-
panies thus organized, shall cease and be vacated on the said 20th
day of August next, and that His Excellency the Governor may in
his discretion order any quartermaster's, commissary, or medical
stores owned by the State and not required for immediate use to be
turned over to the said Confederate States upon proper receipts for
the articles thus delivered, to be taken by the officers accountable for
the same.

4. Be it further ordained. That all commissions to officers in the
aforesaid State troops issued by the Governor and Military Board
under the authority of the act of the General Assembly to create a
military board, ratified the 10th day of May, 1861, who shall remain
in service after the 20th day of August next, as aforesaid, are hereby

CONFEDERATE AUTHORITIES. 403

ratified and confirmed, notwithstanding any provision in the consti-
tiition of the State for a different mode of appointment.

5. Be it further ordained, That the naval forces and vessels of this
State be transferred to the Confederate States upon the same terms
and conditions that are provided as to State troops in the second sec-
tion of this ordinance, the said vessels to be paid for or accounted
for upon terms to be agreed upon by the Governor with the Confed-
erate States, and that after the 20th day of August next all naval
officers of this State shall be discharged, and all vessels of the navy
not accepted by the Confederate States shall be sold under the direc-
tion of the Governor.

And whereas the President of the Confederate States, through a
communication from the Secretary of War, has informed this con-
vention that he will accept from this State into the service of the
Confederate States 2,000 volunteers for twelve months in addition to
the four regiments already in said service, and cannot accept any
greater number of volunteers for twelve months —

G. Be it therefore ordained by the authority aforesaid, That all vol-
unteers who have been called out by the order of the Governor for
twelve months over and above the four regiments aforesaid, and 2,000
now to be designated by the Governor and tendered to the President for
service as aforesaid, shall be discharged on the 20th day of August next :
Provided, That any of said volunteers who shall signify their desire
to enlist in the State troops aforesaid, or in any corps that may be
called for by the President in the meantime, shall be discharged
forthwith, to the end that they may enter such new service : And
jyrovided further, That the Governor shall again tender such volun-
teers by regiments to the President of the Confederate States, and if
the President shall agree to accept them, or any part of them, by or
before the 20th day of August next, it shall be the duty of the Governor
to order them, or as many of them as the President shall accept, into
the service of the Confederate States, and discharge only the residue :
Provided further, That any volunteers discharged as aforesaid shall,
in addition to their pay, be allowed reasonable expenses for traveling
to their several homes: And provided further. That the Governor
may order out the militia as volunteers, or otherwise, in case of
invasion or imminent danger thereof.

7. Be it further ordained, That all provisions of the aforesaid acts
of the Assembly authorizing the raising of a greater number of men
or of a different species of force than is hereinbefore comprehended,
or are otherwise inconsistent with this ordinance, are hereby repealed
and declared of no effect.

8. Be it further ordained. That the act of the General Assembly
entitled "An act to create a military board " be, and the same is
hereby, repealed from and after the 20th day of August next : Pro-
vided, That the ofiSce of military secretary shall be continued until
the 20th day of September next for the purpose of settling the military
accounts.

9. Be it further ordained. That no oath shall be required to be
taken by the officers or soldiers of any of the forces aforesaid, except
the oath of allegiance to the State of North Carolina, prior to their
being mustered into the service of the Confederate States, but each
man shall be held and deemed to be in military service, and subject
to the Rules and Articles of War of the Confederate States from the
time of his signing the articles of enlistment

404 CORRESPONDENCE, ETC.

10. Be it further ordained. That it shall be the duty of the Gov-
ernor to take immediate measures and issue the necessary orders to
carry into effect the foregoing provisions of this ordinance.

11 Be it further ordained. That this ordinance may be amended,
modified, or repealed by the General Assembly so far as regards the
discharge of twelve-months' volunteers which may not have been
accepted by the President of tlie Confederate States.

Read three times and passed, June 27, 18G1.

W. N. EDWARDS,

President of Convention.

Teste.

WALTER L. STEELE,

Secretary.
L. C. EDWARDS,

Assistant Secretary.

State of jSTorth Carolina,

Office of Secretary of State:
I, Rufus II. Page, Secretary of State in and for the State of North
Carolina, do hereby certify that the foregoing is a true copy of the
original ordinance on file in this office.

Given under my hand this 28th day of June, 1861.

RUFUS II. PAGE,

Secretary of State.

Headquarters State of South Carolina,

Jun£ 27, 1861.
President Davis,

Richmond, Va.:

My Dear Sir: Our distinguished friend Colonel Qrr has succeeded
in raising a full rifle regiment, and proposes to be received into the
Confederate Armj^ "for the war." There is no portion of the Southern
States from which a finer race of men could be selected for the war
than from the very region where Colonel Orr has raised these, and I
am satisfied they will do efficient service. I most cheerfully give my
consent to their going immediately into Confederate service, because
they come principally from the mountain districts of our State, where
they can be safely spared; and also because of the high reputation of
their distinguished colonel. I earnestly hope every facility will be
afforded him in your power consistent with the public service. I
would arm them with great pleasure if I had the -^rms, but having
armed and equipped seven full regiments now in Virginia, and being
compelled to keep three full regiments in and about Charleston fully
armed, and having also recently ordered into encampment two new
regiments on the sea-coast for exclusive State service and at State
charge, both of whom will require arms, I find it impossible to supply
any more.

From the arms taken in the late U. S. arsenal I sent 9,000 to
Florida, 2,000 to Memphis, Tenn., and 1,000 to Lynchburg, Va. This
has completely exhausted the supply of efficient arms. There were
only 1G,000 in the U. S. arsenal, and only about 10,000 were fit for real
duty. So Colonel Orr will be before you with the highest claims.
He proposes to have all the accouterments and equipments necessarj'^
made in his own region of country upon the principle of receiving
Confederate bonds for the purpose, and I have no doubt it is a feasible

CONFEDERATE AUTHORITIES. 405

and perfectly safe plan, for he can have them made in his country
upon the most reasonable terms and ample security to the Govern-
ment. I think he will also be able to get several hundred rifles that
have been heretofore given out to companies, and which I am willing
to allow him to receive in exchange for guns suited to drill but not
for real service. I am thus particular because I am anxious for him
to receive every encouragement possible, as I feel assured that his
regiment, being the only one " for the war," will do honor to his State,
as well as effective service in the Confederate Army.

I have the honor to be, most respectfully and with great esteem,
your obedient servant,

F. W. PICKENS.

President's Office,
Richmond, Fredericksburg and Potomac R. R. Co.,

Richmond, June 27, 1861.
His Excellencj- Jefferson Davis,

President of the Confederate States:
Sir : I was apprised some short time since by the Secretary of this
Commonwealth, who is also a director of this company, of your
expression to him of your sense of the importance to the public
defense of a speedy connection of the railroads between Weldon and
the Potomac frontier which terminate in the cities of Richmond and
Petersburg. Although during the existing war and until a resump-
tion of intercourse with the States north of the Potomac these con-
nections are of comparatively little value to any of the companies
owning these railroads, and of none to this company, which by the
seizure of its Potomac steam-boats and the blockade of that river is cut
off from Washington, the other terminus of its route, yet the companies
have ever in former years of peace and intercourse between the
Northern and Soutliern States appreciated the advantages of such
connections, and have only been prevented from lojig since construct-
ing them by the opposition of the two cities, without whose consent
these companies were never authorized by tlie Legislature to make
them. When, therefore, some six weeks since they were applied to
by the military authorities of tliis State to say in what mode and on
what terms these connections could be made and rented or sold by
the Government to these companies, they immediately had the
requisite surveys and estimates made by experienced engineers, and
gave the desired infonnation to the State authorities, tvhich, on his
application, they afterward furnished to the Quartermaster-General
of the Confederate States. The work was ascertained and reported
to be practicable, and estimated to cost about $75,000. To its con-
struction by the railroad companies two obstacles, insuperable to
them, were presented. First, the want of power to compel the con-
sent of the cities to its construction; and second, the want of present
pecuniary means to pay for it. The first of these obstacles the Gov-
ernor of this State supposed he removed by his instruction to me of
the 11th instant, authorizing mo in a few vague words to have only
one of these connections made in accordance with one (not specifying
which) of three propositions which I had submitted in behalf of the
companies concerned some four weeks before, to construct both these
works with money to be advanced by the State and ultimately repaid
by these companies. But a more precise authority being necessary.

406 CORRESPONDENCE, ETC.

not only because of the ambiguity of that given, but because on the
face of the paper giving it appeared the unanimous advice of the
Executive Council, if n^t questioning the Governor's power to give it,
at least earnestly advising its reference to the convention, I sought
for that more definite instruction, and received for reply a sanction
for my hesitation to comply with his instruction in the Governor's
decision to refer the matter to the convention, which he did on the
17th instant. That body on yesterday passed an ordinance giving
the requisite authority to the railroad companies to construct these
works, but without any pecuniary aid from the State. This, in the
present crippled condition of these companies, and especially of my
own company (which has lost not only half of its annual revenue,
but a large portion of its capital invested in the Potomac steam-boats),
it is most impolitic and probably impracticable for them to do. Cer-
tainly they cannot afford to employ on the work such a force as would
complete it at any very early day. Yet, that it should be completed
at the earliest possible date I learn from General Lee and the Quarter-
master-General to be of the utmost importance to the public defense,
and I can readily conceive this to be so. Besides the inconvenient
and perhaps hazardous delays occasioned to the Army by the want of
these connections, a very heavy expense must inevitably be incurred
without them by the Government for the transportation through these
cities of troops and army munitions and supplies. If, on account of
this expense, the Government of the Confederate States could
advance the whole or perhaps even the greater portion of the cost of
these connections the companies constructing them might refund of
that cost to the Government annually the interest and a percentage
of the principal during the existing war, and within, say, three years
after its termination the balance of the principal advanced, each
installment of interest and principal to be retained out of what will
be due then to them from the Government for army transportation,
or to the extent that such installment shall exceed what shall then be
due for transportation to be paid to the Government in money or its
own securities. If such an arrangement be acceptable to j^ou, and
you desire any further information from me respecting it, I shall be
pleased to afford it to you either in writing or in a personal interview,
which last I have refrained from proposing from an unwillingness to
trespass upon your valuable time, although it would afford a much
better opportunity for considering and arranging what may be done.
The same consideration has prevented my testifying by a special visit
the high respect with which I am,
Your obedient servant,

P V. DANIEL, Jr.,
President Richmond, Fredericlcsbury and Potomac H. R. Co.

Ordnance Office, June 28, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: From the inclosed letter of Military Store-keeper Humphreys it
appeal's that the State of Georgia probably owns 29,000 pounds of
cannon powder, stored in the magazine at Augusta Arsenal.
Respectfully, your obedient servant,

J. GORGAS,
Major and Chief of Ordnance.

CONFEDERATE AUTHORITIES. 407

llnclnsiire.]

Augusta Arsenal, Ga., June 24, 1861.
Ma.j. J. GORGAS,

Chief of Ordnance, C. S. Army, Richmond, Va.:
Sir: I have the honor to return the letter of Governor Brown to the
Honorable Secretary of War,* and in compliance with the indorsement
upon it to repoi't that upon a careful examination of the contents of
our magazine I find on hand 394 barrels Du Pont cannon powder,
18(50, 9 barrels old, and 400^ barrels Hazard powder, making of the
Du Pont and Hazard powder 49,000 pounds. Deduct the 200 barrels
received a short time since by me from Memphis, and we have 29,400
pounds of cannon powder, which is probably the powder claimed by
Governor Brown. I find upon inquiry of Mr. Butt that 10,000 pounds
of powder were shipped from our magazine during its occupancy by
the State to Charleston and Savannah. This would make 39,400
pounds, or 400 pounds more than claimed by His Excellency. I have
but 9 barrels musket or rifle powder of Du Pout's or Hazard's make
on hand of recent date. I have 20 barrels of 1838 and some of
Garesche, 1839. This powder, though, was that originally owned bj"^
the United States. We have on hand 24 boxes of 12-pounder canister-
shot, fixed, and 3 boxes of 6-pounder shot, fixed. Shall I not send
them to you ?

Very respectfully, I am, sir, your most obedient servant,

F. C. HUMPHREYS,
Military Store-keeper of Ordnance, C. S. Army.

Richmond, Va., June 28, 1861.
His Excellency Jefferson Davis:

Sir : I am directed by the Committee on Military Affairs to commu-
nicate to you the accompanying resolution, adopted by the convention
of Virginia, and to request that you will reply thereto at your earliest
convenience. Permit me to add that by a resolution adopted by the
convention yesterday the present session will close on Monday next.
I am, most respectfully, your obedient servant,

P. C. JOHNSTON,
Chairman of the Committee.

[loclnaure.]

Resolved, That the Committee on Military Affairs be^ instructed to
inquire of the Confederate Government the number of'arms of every
kind now in its possession, if not incompatible with the public inter-
ests to be made known, and to report to the convention, either in
secret session or otherwise, as the said committee may deem proper.

Lake City, June 28, 1861.
His Excellency M. S. Perry,

Governor of Florida:

Dear Sir: I have to report that I proceeded to Raleigh under your
commission and met Governor Ellis and his council of war. The
Governor feared public sentiment would not admit of arms being sent

*See June.'), p. 368.

408 CORRESPONDENCE, ETC.

south, but in liis anxietj' to accede to your request suggested the pro-
priety of the Florida regiment passing through Raleigh, at which
point he would furnish them either with rifle musket and bayonet, or
good muskets, and bayonets, and further stated that whenever they
commenced turning out arms at the Fayetteville Arsenal he would let
Florida have an additional thousand muskets. In order to ascertain
when we might expect them, I went to the Fayetteville Arsenal, hoping
to meet Col. J. A. J. Bradford, chief of the ordnance department, in
the hope of enlisting his feelings in our behalf (he being a member of
the council of war). Unfortunately the colonel had left for Raleigh
by the way of Wilmington, so that I did not see him. At the request
of the Governor of North Carolina I stopped in Charleston to ascer-
tain whether 1,000 saddles could be had, and in j'our name reported
back where at least 4,000 could be found. My trip by the way of
Fayetteville and detention in Charleston reduced my funds so that I
used your letter of credit to the amoimt of $200, for which I will
account whenever I hear you have reached Tallahassee. While in
Charleston I kept an eye open as to where uniforms, or rather cloth
for uniforms, could be had, and gave the address to a Mr. Scott, who
stated he was commissioned by you to obtain such things. I reached
here on Monday night and would have reported sooner, but that I
understood you would be in Tallahassee very soon. The original
letter of Governor Ellis I have forwarded to Tallahassee, and have
taken the liberty of inclosing you a copy. * I have done this the more
readily as the original was submitted to me by the Governor of North
Carolina, with the remark that if I could suggest any more kindly
expressions he would adopt them.

Thanking Your Excellency for the confidence reposed in me, and
hoping that I discharged my mission to your satisfaction,
I have the honor to remain, yours, truly,

JAMES BANKS.

P. S. — While at Wilmington and Fayetteville I saw about eighteen
tons machinery from Harper's Ferry going to Fayetteville Arsenal, so
that they will soon begin to make arms there.

Camp McDonald, June 28, 1861.
Hon. L. P. Walker,

Secretary of War:
Dear Sir : I have a fine brigade of State troops now in camp at this
place. The brigade is organized under an act of our State Legislature
for the defense of the State. It is a fine body of men, consisting of
two regiments, armed with muskets, model of 1842; one battalion of
rifles, armed with new Harper's Ferry rifles; one battalion (four com-
panies) of artillery, armed with muskets of model of 1842, and now
being practiced in the school of the piece, with a half battery of artil-
lery; also a battalion of cavalry (four companies), well armed and on
good horses. I have just written the President tendering this brigade
for the war. In the letter to him I have gone more into detail. I
should like to know soon whether the brigade will be accepted. If so,
I wish to equip it thoroughly in the shortest time possible.

* Not found.

CONFEDERATE AUTHORITIES. 409

I had a letter a few days since from General Lawtou on the subject
of the removal of Colonel Senimes' regiment to Virginia. The general
thinlcs tlie public interest would be promoted by taking three or four
companies of cavalry armed with Sharps or Maynard carbines into the
regiment to be raised to take Colonel Semmes' place. The cavalry
would be used for rapid skirmish and as sharpshooters along the coast.
On yesterday I saw Capt. W. J. Lawton, who commands the Dough-
erty Guards, at Albany. He is armed with Sharps carbines, and says
he has tendered to you and that you have agreed to accept him if I
will permit him to use the State's arms. In the event you will accept
a few companies of cavalry on the coast as part of the regiment to take
the place of Colonel Semmes I will order Jiim among the number, and
will furni-sh other companies armed with good carbines. I cannot,
however, organize the coast regiment at present unless you will engage
to take charge of the men by your quartermaster and supply their
wants while rendezvousing. Please let me know your decision on the
points mentioned as soon as convenient.

I am, very respectfully, your obedient servant,

JOSEPH E. BROWN.

AN ACT authorizing the Governor to receive into the military service of the
State of Tennessee all free male persons of color between the ages of fifteen
and fifty, or such numbers as may be necessary, who may be sound in mind
and body and capable of actual service.

Section 1. Be it enacted by the Oeneral Assembly of the State of
Tennessee, That from and after the passage of this act the Governor
shall be, and he is hereby, authorized, at his discretion, to receive into
the military service of the State all male free persons of color between
the ages of fifteen and fifty, or such numbers as may be necessary,
wlio may be sound in mind and body and capable of actual service.

2. That such free persons of color shall receive each $8 per month
as pay, and such persons shall be entitled to draw each one ration
per day, and shall be entitled to a yearly allowance each for clothing.

3. That in order to carry out the provisions of this act it shall be
the duty of the sheriffs of the several counties in this State to collect
accurate information as to the number and condition, with the names
of free persons of color subject to the provisions of this act, and
shall, as it is practicable, report the same in writing to the Governor.

4. That a failure or refusal of the sheriffs, or any one or more of
them, to perform the duties required shall be deemed an pffense, and
on conviction thereof shall be punished as a misdemeanor.

5. That in the event a sufficient number of free persons of color to
meet the wants of tlie State shall not tender their services, the Gov-
ernor is empowered, through tlie sheriifs of the different counties, to
press such persons until the requisite number is obtained.

6. That when any mess of volunteers shall keep a servant to wait
on the members of the mess each servant shall be allowed one ration.

This act to take effect from and after its passage.
Passed June 28, 1861.

W. C. WHITTHORNE,
Speaker of the House of Representatives.
B. L. STOVALL,

Speaker of the Senate.

410 CORRESPONDENCE, ETC.

Richmond, June 28, 1861.
Hon. L. P. Walker,

Secretary oj War:

The Governor and council of Virginia commissioned Charles Smith
colonel of a regiment of active volunteers in the two counties of Acco-
mae and Northampton, forming the Eastern Shore of this State, and
ordered them into encampment. The regiment was to consist of ten
companies of not less than 50 nor more than 100 strong. This regi-
ment is now in camp, part in Accomac and the others in Northamp-
ton. This force is, from necessity, obliged to be local. It cannot be
removed into any other part of Virginia, nor can the Government
without a large naval force afford any protection to those counties in
the event of invasion. A portion of the volunteers would be glad to
have an opportunity to mingle in the army movements in other parts
of the State, but so long as Maryland is under military occupation
and the Chesapeake Bay is blockaded it is physically impossible for
them to do so. The blockade can only be run by row-boats or small
vessels occasionally in the night, with favorable winds.

First. I wish to know whether the volunteer regiment under Col-
onel Smith has been transferred to the Confederate Government under
the treaty of alliance, offensive and defensive, or otherwise.

Second. If it has been transferred, are the ofiScers and men entitled
to pay from the time they were ordered into encampment by Governor
Letcher ?

Third. If they be, inasmuch as there will probably at the present
time be no invasion of the two counties by a regular Federal force, but
only occasionally by marauding or foraging parties, can any arrange-
ment be made by which only a part of the regiment may be required
to be in camp at a time and receive pay only when doing camp or
other duty ?

The difficulties of obtaining any information from the Government
on tliis side of the Chesapeake Bay by persons on the other side
induces me to request the Secretary to be as full in his answers as he
conveniently may, so that I may be enabled when I return to the
Eastern Shore of the State to inform the officers and men of the regi-
ment upon what footing they stand. An invasion of the peninsula
is threatened from time to time, and occasionally reports that an army
is marching through Delaware down upon the border of Accomac,
but as yet no enemy has made his appearance — at least had not ten
days ago. Northampton is entirely loyal ^nd three-fourths of Acco-
mac are, and some of the disloyal in the latter county I have heard
have petitioned Lincoln's Government to send forces there to protect
them, when they have not been disturbed because they have done
nothing except to vote against a ratification of the ordinance of seces-
sion. But this movement renders a regular organized force there
necessary, independent of apprehension from any other cause.
Very respectfully,

MIERS W. FISHER.

Confederate States op America, War Department,

Eichmond, June 29, 1861.
Major GORGAS,

Ordnance Bureau:
Sir: Your communication of the 28th, returning Governor Brown's
letter to me of the 5th instant, and also covering one to youi-self

CONFEDERA.TE AUTHORITIES. 411

from Mr. Humphreys, military store-keeper at Augusta, of date the
24th, has been received. I think the facts show that Governor Brown
is entitled to 29,000 pounds of powder in the arsenal, and you will,
therefore, direct it to be delivered to him.

Respectfully, L. p. WALKER,

Secretary of War.

Richmond, June 29, 1861.
Governor Joseph E. Brown,

Atlanta, Oa.:
Captain Gill telegraphed from Savannah that you have ordered
arsenal-keeper not to issue anything to order of Confederate officers.
Will you please explain the facts.

L. P. WALKER.

Confederate States op America, War Department,

Richmond, Va., Jwne 29, 1861.
His Excellency Thomas O. Moore,

Neiv Orleans, La.:

Sir: This Department requests that you will, if possible, raise two

additional regiments for the war, to be sent to Corinth, Miss., for the

protection of the Mississippi Valley. These two regiments will not

be embraced in the reserve corps, which I shall call for in a few days.

Very respectfully,

L. P. WALKER,
Secretary of War.
(Same to Governor Pettus, of Mississippi.)

JOINT RESOLUTION to transfer volunteer forces to the Confederate States.

Resolved by the General Assembly of the State of Tennessee, That
the Governor be authorized and requested to place at the disposal of
the Confederate States the volunteer forces of the State of Tennessee,
the same to be mustered into the service of said States, subject to the
rules and regulations adopted by the Confederate authorities for the
government of the Confederate Army, and that in making arrange-
ments therefor we shall have in view the placing of the defense of
the State under the immediate control and direction of the President
of the Confederate States.
Adopted June 29, 1861.

W. C. WHITTHORNE,
Speaker of the House of Representatives.
B. L. STOVALL,

Speaker of the Senate.

Confederate States of America, War Department,

Richm,ond, June 29, 1861.
His Excellency JOHN Letcher,

Governor of Virginia:

Sir: Notwithstanding that Virginia troops are being received for

twelve months, I beg to state that the policy adopted by the President

is not to receive any troops into the Confederate service for a period

less than three years or for the war. This rule, of course, will not

412 CORRESPONDENCE, ETC.

apply to troops in the service of Virginia at tlie time of the transfer,
but it does cover all cases occurring since.
Very respectfully,

L. P. WALKER,

Secretary of War.

Confederate States op America, War Department,

June 30, 1861.
Sir : In the presence of public clanger precautionary measures are
always wise. However confident of success an Administration may be,
a failure tc provide for all casualties that may possibly arise can never
be pardoned. The fortunes of war are as various and changeable as are
the talents and abilities of those conducting its operations. The Gov-
ernment of the Confederate States has no misgivings as to the future
success of our arms and interprets no omen as presaging defeat. Nev-
ertheless, the President deems it prudent, if not essential to the public
safety, to form and organize a reserved army corps of 30,000 men, and

to apportion to the quota of . Your Excellency will

therefore receive for the war men, by independent companies,

each company to be composed of 1 captain, 1 first lieutenant, 2
second lieutenants, 4 sergeants, 4 corporals, 2 musicians, and from
64 to 100 privates. For this purpose you are authorized to estab-
lish two camps of instruction at accessible points, where you will order
these companies to rendezvous, and where they will be mustered into
service by companies. These camps of instruction will be under the
control of this Department, and the President will assign competent
officers to take charge of them, the object being to drill and discipline
the men. From time to time the President will organize these compa-
nies in battalions or regiments, as he may prefer, and will appoint the
field officers and the staff. It will not be a prerequisite to accepting
these companies that they shall be armed, although it is hoped that
many of them Avill be. In addition to the above requisition the Con-
federate States will need from two companies of cavalry,

numbering from 60 to 100 men each, in order to complete the army
corps contemplated by the President. These companies of cavalry,
when furnished, will rendezvous, with like companies from other
States, at Corinth, in Mississippi, and not at the camps of instruction

in . All the companies of cavalry there collected will be drilled

by suitable officers and prepared for active and efficient service in the
field. They must be armed and equipped to be received. Each com-
pany of cavalry should consist of 1 captain, i first lieutenant,
2 second lieutenants, 4 sergeants, 4 corporals, 1 farrier, 1 blacksmith,
2 musicians, and from 60 to 100 privates.
Very respectfully,

L. P. WALKER,
Secretary of War.

Note. — The above letter was addressed to the Governors of the
States of Tennessee, Mississippi, Arkansas, Alabama and Georgia,
the blank being filled with 3,000 for each of these States.

The same letter, omitting the requisition for cavalry, was addressed
to the Governors of the States of North Carolina, South Carolina, Vir-
ginia, Louisiana, Texas and Florida, the blanks being filled with 2,000
for Texas, 1,000 for Florida, and 3,000 for each of the remaining
States. In the case of Florida, for "two camps of instruction," read
"a camp for instruction," and for "regiments," read "a regiment."

CONFEDERATE AUTHORITIES. 413

Headquarters State ov South Carolina,

Jtme SO, 1861.
Honorable Mr. Walker,

Secretary of War:

Sir: According to your two requisitions sent me in February calling
for 8,000 men, I ordered into service, under the immediate command
of General Beauregard, eight regiments. The dispatches of Governor
Letcher to me and then the dispatches of President Davis induced me
to send immediately two regiments, fully armed and equipped, to Rich-
mond, which were the first troops to enter Virginia from any State.
Then President Davis dispatched to me that the other eight regiments
I had might be mustered into Confederate service, and I was to desig-
nate five of them to send to Virginia, and to retain the other three after
they were regularly mustered into Confederate service in the State for
local defense. Your directions afterward confirmed this. I accord-
inglj' had five regiments immediately mustered in by Confederate
receiving oflBcers and sent them to Virginia, where they now are with
the two first sent, making in all seven fiill regiments with 6,800 men,
and I have ai-med them all and furnished tents and equipments and
ammunition. Some four of these regiments are now in the front lines
beyond Manassas Junction. The first regiment of the eight above
referred to, under Colonel Ilagood, declined to muster into Confed-
erate service, and I immediately relieved them from duty and dis-
charged them for the present. The Sixth Regiment, under Colonel
Rion, in part declined also, but seven of the companies were mustered
in and the other three to fill it up are now being received. The Fourth,
under Colonel Blanding, was in fact but a battalion, as part of it had
previously gone to Virginia in Colonel Kershaw's regiment, and I
ordered it to be filled up and expect it to be completed in a very few
dajs now.

Under the original understanding I will retain it and the Sixth at
healthy positions near Charleston for the present, so that they, or at
least one of them, may be relied on to strengthen the forces on Sulli-
van's Island on one side or the mouth of Stono on the other side, in
case any sudden emergency should arise or any invasion be threat-
ened. Of the regular enlisted troops that were turned over to the
Confederate Government I have two full artillery companies in Fort
Sumter and two artillery companies in Fort Moultrie, under the imme-
diate command of Lieutenant-Colonel Ripley. There is one company
also stationed in a fort recently erected beyond the Moultrie House,
on Sullivan's Island, in order to protect the upper part of the island
from an,y landing of troops at Bull's Bay or elsewhere, and this com-
pany is under Captain Butler.

There are also three companies of infantry stationed on Sullivan's
. Island, and one at forts or redoubts on the North and South Islands,
at the entrance of Georgetown Harbor. This company is now training
as an artillery company. I have also two companies on Cole's Island,
at Fort Palmetto, and two at Fort Pickens, both being located near
the mouth of Stono, to guard the approaches to Charleston from that
quarter. The channel there is in high tide some fourteen feet, and it
was through this entrance that the British landed in the Revolution
and took Charleston, and they again landed there in the war of 1812.
I think it is now protected. The reserve regiment stationed at Suni-
merville is intended to strengthen those posts, or the posts on Sulli-
van's Island, if necessary. I have also ordered a thorough reorganiza-
tion of the Charleston troops this summer, and I have about 1,800

414 CORRESPONDENCE, ETC.

men, well armed and equipped, in the city, of the State volunteer
corps. These men are the best trained troops in the State, and are in
many respects equal to regulars. I have had them in service all the
winter, and hold them now under strict orders to move at any moment.

Under the scientific examinations of General Beauregard I have
ordered the State engineers to commence forts at Hilton Head and
Bay Point, the entrance to Beaufort Harbor. Since your judicious
appointment of Major Trapier, at my urgent solicitation, I have
ordered all of&cers to act in concert with him. I desire to order the
Fourth or the Sixth Regiment down to those points to protect the erec-
tion of the works agreed upon. I have erected two forts or redoubts
at Edisto and have two companies of State troops in them. This is
an important entrance, as the water is eighteen feet deep, and if 'he
enemy were to enter there they would annoy us exceedingly by their
approaches to Charleston toward the Ashley River and the Long
Bridge. I have besides these ordered a regiment, under Colonel Hey-
ward, who is a graduate of West Point, into encampment at Graham-
A'ille, on the Beaufort coast, and also a regiment on the Georgetown
coast, under Colonel Manigault, who is an officer of experience. These
two regiments are under State authority and expense.

If any disaster happens to our troops in Virginia I am willing to
order the Fourth Regiment, all equipped, to make a reserve, and to
go immediately to the scene of action, but I would be glad to have
from you a certain acknowledgment that if I am invaded in the fall,
after cool Avealher sets in, I maj' order back immediately some of the
regiments I have sent to Virginia for the defense of our coast, if it
should appear to be necessary, and of course such orders to be issued
by you at my request. I can get men a plenty, but the difficulty will
be as to arms, and as I have sent off with the regiments to Virginia
7,000 fine arms, and also 6,000 to Florida, 2,000 to Tennessee, and 1,000
to Lynchburg, you will perceive that I shall be scarce of arms, par-
ticularly when you know that I have armed 1,800 men in Charleston
and 1,000 men of the regular forces, and 1,800 men in the two new
regiments mentioned before on the sea-coast besides. This would
make in all about 20,000 stand of arms that I have furnished. There
were but 16 [16,000] stand of arms in the late U. S. arsenal, and only
about 9,000 of them were really efficient arms.

Col. R. H. Anderson, for many years an officer in the late U. S.
Army, is in command of all the forces in and about Charleston. I
make this statement of our military position in this State because I
desire to act cordially in concert with the Confederate authorities and
do all I can to support their defense of our common country. I have
no means of accurate information, but it strikes me if Virginia has as
many troops enrolled and ready for action as is reported, then
immense expense might be saved in using them, and not drawing
many more men from the remote Southern and weaker States. I
hope I will receive from your Department a direct approval of my
retaining the Fourth and Sixth Regiments in the positions I liave
indicated, and that they will not be moved without my approbation.
If we should meet with disaster in Virginia, as I trust we will not,
then in that case I would be willing to move forward one of these
regiments to your support, if desired. Colonel Hampton's Legion
is just moving on to Virginia, and Colonel Orr lias also raised a noble
rifle regiment, all ready to move, and is now in Richmond arranging
to take them on, and when these get there we Avill have nine full regi-
ments in Virginia. Our sea-coast is extensive and quite exposed.

CONFEDERATE AUTHORITIES. 415

Oiir forts in Charleston Harbor are on a large scale for so small a
State, and wnen cold weather sets in it will be a great object with our
enemies to invade us. If I could only be sure of plenty of arms and
ammunition I can defend the country or make it not worth conquering.
I have the honor to be, very respectfully, yours,

F. W. PICKENS.

Confederate States of America, War Department,

Richmond, June SO, 1861.
MiERS W. Fisher,

Member of Convention, Richmond, Fa.;
Sir : Your letter of June 28 has been received, and I hasten to reply
to your several inquiries. The regiment under Colonel Smith has not
been transferred eo noviine or specifically to the Confederate States of
America, but that regiment was included in the transfer of all the
volunteer forces of Virginia and it is now in the Confederate service.
The ofBcere and men are entitled to pay from the Confederate States
after the 30th of June, and up to that time they will receive their pay
from the State of Virginia and through the officers of said State. In
relation to your third inquiry, it is not deemed expedient or consistent
with the efficiency of military order to permit a part of the regiment
to leave the service for a time and only a part to remain in active
service. The whole regiment, so long as it continues in the service
at all, should remain in the field and under arms; especially since, as
you say, some persons have invited the Government at Washington
to send forces to Accomac and Northampton, under the pretext that
they need its protection.

Respectfully,

L. P. WALKER.

Warm Springs, June SO, 1861.
Honorable Secretary of War:

When I had the honor of an interview with you some ten days ago
upon the importance of establishing a guerrilla service in the north-
west, I understood you to agree with the views presented, and that
you would ask the concurrence of the President, and in the event of
his approbation that the service would be ordered. Since I have
anxiously awaited a communication from you ; anxiously, because as a
citizen of the northwest I am deeply interested not only'in defeating
the enemy, but in whipping him by any and all means and as speedily
as possible. I am on my way home now after an absence of a week,
traveling throu^^- *he counties immediately east of the AUeghanies,
and have several companies now forming for the service. In my own
county (Pocahontas) one company was, and another nearly, formed.
May I hope to hear from you at once, and, if it is your pleasure,
receive orders to muster the ten companies I proposed to raise into
service at once, for I am satisfied that every moment's delay in the
northwest is a great injury to our cause and adds strength to the
enemies of our country.

I am, very respectfully, yours,

WM. SKEEN.

Address me at Pocahontas Court-House, Va,

416 CORRESPONDENCE, ETC.

[July 1, 1861. — For Walker to Green, appointing the latter agent
for the purchase of arms and munitions of war in Europe, see Series
II, Vol. Ill, p. 687.]

Confederate States of America, War Department,

Richmond, July 1, 1861.
His Excellency A. B. MooRE,

MontgovievTj , Ala.:
Sir : A letter was yesterday addressed to you from this Department,
as well as to the Governors of certain of the other States of the Con-
federacy, requesting them to furnish the quota of jnen apportioned to
each of their States, respectively, in order that the Government might
have organized a reserved army corps of 30,000 men. In addition to
the above it has been deemed essential by the President, under all the
circumstances at present surrounding the Government, that several
other regiments from the States should be speedily gotten into the
field. Alabama has never yet hesitated to give a patriotic response
to calls made upon her by this Government for troops, and the Presi-
dent has no fears that she will hesitate or falter now. With this con-
sciousness he makes hereby a requisition with entire confidence upon
you for two regiments of infantry, armed and equipped, whose serv-
ices are to be tendered for the war. He expresses the hope that you
will have them ready for the field at as early a day as practicable. It
will perhaps bo proper to state here that, being called for in regiments,
these troops will have the right to select their own field officers — all
officers, in short, except the staff officers, to wit, the assistant quarter-
master, the assistant commissary, surgeon, and assistant surgeon, who
will be appointed by the President.

Very respectfully, your obedient servant,

L. P WALKER,
Secretary of War.

(Same, mutaivi mutandis, to Governor Joseph E. Brown, Milledge-
ville, Ga.)

Atlanta, July 2, 1861.
Hon. L. P. Walker:

In reply to your dispatch asking explanation about the arsenal at
Savannah, I state that the arsenal and its contents are the property of
the State. I can only permit supplies to be issued from it by a State
officer under State authority, for which receipts must be given by a
Confederate officer if he receives the supplies. Your officer at Augusta
has locked up in the magazine a large quantity of powder purchased
and placed there by the State. I have written, asking an order that
lie deliver the State property, to which I liave received no reply. Will
you please explain ?

JOSEPH E. BROAVN.

Confederate States of America, War Department,

Biehmond, July 2, 1861.
Col. Walter Goodman,

Holly Springs, Miss.:
SiK: The Secretary of War directs me lo address some inquiries to
j'ou in regard to a communication fioiii Mr. W. Brooke on the subject

CONFEDERATE AUTHORITIES. 417

of the manufacturing of arms by a skillful mechanic in your vicinity.
He desires to know whether the party referred to would be likely to
possess the ability to fabricate such arms as the Government requires,
and such other particulars as will doubtless suggest themselves to
your mind.

Respectfully,

A. T. BLEDSOE,
Chief of Bureau of War.

Executive Department,

Nashville, July 2, 1861.
His Excellency Jefferson Davis,

Richmond :
Sir: I have the honor to transmit herewith a copy of joint resolu-
tion adopted on 29th ultimo by the General Assembly of the State of
Tennessee,* according to the provisions of which I hereby tender to
the Confederate States the provisional army of Tennessee, and propose
to have them mustered into the service of that Government.

The provisional army of Tennessee is composed of twenty-two regi-
ments of infantiy, two regiments of cavalry, ten companies of artil-
lerj% engineer corps, ordnance bureau, <fec., commanded by Maj. Gen.
Gid. J. Pillow, Major-General Anderson, Brigadier-Generals ZoUicof-
f er, Cheatham, Foster, Caswell, and Sneed. The infantry fully armed
and equipped ready for the field; part of the cavalry armed with
revolvers and sabers, the balance with double-barrel shotguns, and all
well mounted. No field batteries completed yet; a sufficient number
in progress for such of our artillery companies as will not be in com-
mand of our stationary batteries on the river. Tennessee makes this
tender with the hope that it will be accepted by Your Excellency, and,
with perfect confidence that if it is, the Confederate States will at all
times defend her soil from invasion.
Very respectfully,

ISHAM G. HARRIS.

President's Office,
Richmond, Fredericksburg and Potomac R. R. Co.,

Richmond, July 2, 1861.
Hon. L. P. Walker,

Secretary of War:
SIR: In compliance with your request of this morning I herewith
hand to you a copy of my recent communication to the President in
relation to the railroad connections in the cities of Richmond and
Petersburg.! In addition to the information therein contained you
desired to be informed: First. Within what time the railroad com-
panies concerned would bind themselves to construct these works if
supplied by the Confederate States Government with the requisite
pecuniary aid advanced on account of the cost of transportation to
be performed by them for the Government. Second. What would be
the amount of that pecuniary aid required. Third. At what time or
times and in what mode and amounts those companies would refund
to the Government the money so advanced. My reply to the first of

* See p. 411. t See Daniel to Davis, June 27, p. 405.

27 R R— series IV, VOL I

418 CORRESPONDENCE, ETC.

these inquiries is, that althoiigh these works may be constructed in
from six weeks to two months, yet, in view of the difficulty at this
time of procuring either men or materials for such a work, the com-
panies concerned could not bind themselves to complete the work in
less than three months from the day when the arrangement with the
Government shall be made. Second. To the second inquiry I reply
that $60,000 in money or in the bonds of the Confederate States would
greatly facilitate the early construction of these works, but even
$50,000 of the same funds would enable them to construct them within
the three months specified. Third. This amount, if so advanced by
the Government, the railroad companies could refund in annual
installments of 10 per cent., payable in tolls and fares for transporta-
tion done for the Government so far as the same shall be due at the
date when each installment shall be due, and in money or C. S. securi-
ties to the extent that the said tolls and fares shall fall short ot any
installment at the date when it shall be payable, the whole balance
of the amount so advanced by the Government, with legal interest
thereon from the date or dates of such advancement, to be repaid to
the Government at the expiration of three years after the termination
of the existing war.

Asking the favor of a reply as early as may be convenient to you,
I am, with much respect, your obedient servant,

P. V. DANIEL, Jr.,

President Bichmond, Fredericksburg and Potomac R. R. Co.

(In behalf of the companies concerned.)

Near Gainesville Post-Office,
Prince William County, Va., July 2, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir : At the hands of Mr. G. B. Lamar I am just in receipt of your
letter of yesterday's date, and note the association and trusts therein
confided to me. * I accept both. Although the concluding paragraph
of your letter is comprehensive in application, it does not cover the
latitude I asked for — i. e., that you would empower me to fit up any
vessel I might secure for the conveyance of arms for the State of
Georgia with military stores for the Confederate States, to wit, leather,
tin, copper, shoes, woolen stockings, flannel, coarse cloth, buttons,
surgeons' stores, &c. This privilege would enable me to control an
entire vessel and make superior arrangements for"her descent upon
the coast, and the division of the freight money could be equitably
made. My plan would be to ship the cargo as British property, under
a British flag, with a clearance for the free port of Saint Thomas or to
Matagorda, where the cargo could be deposited in default of an open
Southern port, to which the ship-master would be driven for correction
of chronometer or for water until warned off. It will greatly facilitate
our common interests if you will grant me this authority. The sur-
veillance at all points of our frontier is so great that it will not be safe
to carry your letter with me. I therefore shall destroy, after commit-
ting its contents to cipher, and rely upon my friend Mr. Anderson for
recognition by Mr. Huse. It will be well, however, in the event of the
former being absent, that you give me some password or the date and

* See Series II, Vol. Ill, p. 687.

CONFEDERATE AUTHORITIES. 419

first and last words of your last letter to Mr. Huse as my credentials.
I have determined, as soon as I have your reply to this letter, to pro-
ceed immediately in my own carriage direct to Lord Lyons, at Wasli-
ington, where I can get his vise to my passport, and so proceed to
New York for instant embarkation. This will place me in England
much quicker than going via the West and Quebec. (I shall not fail
to return via Quebec.) Once in England, my colleagues shall have
my hearty and energetic co-operation in your interests. Mr. Browne,
the Assistant Secretary of State, has the means of communicating to
me in cipher any communications you desire to make to me during the
summer. They will go via Nashville to New York. My nephew, Mr.
Josiah [G.] Low, an Englishman (thoroughly with us), will drive me to
Alexandria and return with my carriage, and I shall be accompanied
to England by one of my wife's maids, an English girl ten years in our
family. Will you please send me a note to the effect that "Charles
Green, Josiah Low, and Mary Ruxburgh have permission to leave the
State and return at will with their baggage." Your reply is all I wait
for.

Respectfully, yours,

CHARLES GREEN.

[July 2, 1861. — For Munford to Toombs, inclosing letter from
Munf ord to Cridland, ' ' relative to the supposed compulsory enlist-
ment" of British subjects in Virginia military organizations, see
Series II, Vol. Ill, p. 687.]

Executive Department,

July S, 1861.
Hon. L. P. Walker,

Secretary of War:

Sir: I received yesterday (through the mail) your letter dated June
30, making a requisition on me for 3,000 men, that being the quota of
Virginia in the reserved army corps proposed to be raised to serve for
and during the war. My proclamation calling for this force will be
issued in the morning, and every proper effort will be made to have
the number raised as speedily as practicable. Richmond and Staunton
will be designated as the accessible points for the camps of instruction,
where the companies will rendezvous and be mustered into service.

I regret that I cannot concur in the principle asserted in the latter
part of your communication, that "the President shall organize these
companies into battalions or regiments, as he may prefer, and appoint
the field officers and the staff." On reference to the Constitution I
find that the right of appointing the officers of the militia is reserved
"to the States respectively." The question seems to me, therefore,
to resolve itself into this: Are the troops called for militia? If so, it
seems plain to my mind that the right to officer them is with the State.
If not militia, what description of troops are they? Can they be con-
sidered regulars ? If so, under what authority can the State be called
upon to furnish regulars? If the militia are called into service by
companies, the States may be deprived of the power to appoint field
officers of all grades. If by battalions, then they may be deprived of
the power of appointment of all field officers of higher grade than

420 CORRESPONDENCE, ETC.

major. Surely it cannot be that the framers of the Constitution con-
templated such results. I earnestly, therefore, but at the same time
most respectfully, protest against the exercise of this power.
Respectfully,

JOHN LETCHER.

Montgomery, Ala., July 4, 1861.
Hon. L. P. Walker:

Yours of the 30th of June and 1st of July received. The 3,000, in
companies, unarmed, aaid the two cavalrj' companies, armed, can be
had ; but the State cannot arm more than one of the regiments called
for in yours of the 1st of July; it has not the arms to arm one. Leaves
the State almost defenseless.

A. B. MOORE.

Confederate States of America, War Department,

Richmond, July 4, 1861.
Hon. J. L. M. Curry,

Talladega, Ala.:
Sir: In reply to your letter of the 25th of June the Secretary of
War directs me to say that Colonel Longstreet has been appointed
general, and that Mr. Chapman should report himself for duty with-
out delay. His location has not been known to the Department and
he has never accepted his appointment. The Secretary would be glad
to get a regiment, if armed. If organized before tendered it might
elect its own officers ; if tendered by companies the President appoints.
Respectfully,

A. T. BLEDSOE,
Chief of Bureau of War.

Richmond, Va., July Jf, 1861.
Governor J. E. Brown:

Sir : Can you furnish a volunteer regiment — five com pan ies mounted
and five on foot ? The mounted companies to be armed with breech-
loading carbines, the foot companies to be aimed with rifles. If agree-
able and consistent, I wish ycu to give this regiment priority in the
issue of arms and equipments.

JEFF'N DAVIS.

Headquarters, South Carolina,

July 5, 1861.
Honorable Mr. Walker,

Secretary of War:
Sir: I received last evening your two requisitions — one dated the
30th ultimo and the other the 1st of July, instant. In the former you
call for two camps of instruction, with 3,000 men, in companies, for
the war. As to the details of this plan, Adjutant-General Gist, of
my staff, is charged with my views, and I await his information, to
be derived from you. As to the two regiments for the war, armed
and equipped, I will select Colonel Orr's as one, and I 'jost respect-
fully suggest that I have now the Second and SixVu Regiments in

CONFEDERATE AUTHORITIES. 421

camp and mustered into Confederate service, each about 1,000 strong;
and if you desii-e either to occupy the place of Colonel Gregg's regi-
ment, just discharged, and you will send me the requisition, I will
order them on immediately; and as they are both fully armed and
equipped, perhaps if you were to allow me I might get them for the
war, or at least one of them, and talte it as the other regiment, mak-
ing two for the war, according to your requisition of the 1st instant.
The advantage in this is that it would save time, and the arms are in
their hands. However, they might not be willing to change their
term of service from the twelve months to the war. General Gist
will have a full interview with you, and he is fully acquainted with my
views. You will find him a thorough-bred and accomplished officer
of great information. I shall await his communications to me from
Richmond.

Very respectfully and truly,

F. W. PICKENS.

[July 6-October 4, 1861. — For correspondence between the Sec-
retary of War, Governor Harris, and General Polk, relating to trans-
fer of the provisional army and military stores of Tennessee to the
Confederate States, see Series I, Vol. IV, pp. 362, 363, 371, 375, 379,
411, 431, 43G.]

Headquarters, Atlanta, July 6, 1861.
Hon. L. P Walker,

Secretary of War:
Dear Sir: I have the honor to acknowledge the receipt of your
communication of the 30th of June, 1861, in which you say the Presi-
dent deems it prudent to organize a reserved army corps of 30,000
men, and to apportion to Georgia the quota of 3,000. You then
request me to receive for the war 3,000 men by independent compa-
nies. You also state that I am authorized to establish two camps of
instruction at accessible points, where I will order these companies to
rendezvous, when they will be mustered into service by companies,
and that the camps of instruction will be under the control of your
Department; that the President will appoint competent officers to
take charge of them and will appoint the field and staff officers, and
that it will not be a prerequisite to accepting these companies that
thej' shall be armed. You also state that you desire fwo companies
of cavalry to rendezvous at Corinth, Miss., and that they must be
armed and equipped to be received. While I protest against the right
of the President under the Constitution of the Confederate States to
appoint the field and staff officers for the 3,000 volunteers called for
by you and claim that the State of Georgia has this right, I will
furnish the number of men required by the President, and will order
them into camp of instruction at two convenient places so soon as
j-ou will inform me who will, under your instructions, receive the
companies as they arrive at the place of rendezvous and make pro-
vision for their support and comfort. I have at present in camp of
instruction a brigade of 2,500 men, well armed and equipped, which
is intended to repel any invasion of the State. This brigade is organ-
ized under a special act of the Legislature of this State, and it now
requires all the time of the State quartermaster to attend to its wants.

422 CORRESPONDENCE, ETC.

I cannot, therefore, assist in the support of the 3,000 men required
by you, nor can I promise to arm or equip any portion of them. The
arras of the State are now nearly all in the service of the Confeder-
ate States, and as the funds at my command under the act of the
Legislature are limited, I cannot engage to do more than equip such
regiments as are organized as State regiments and such as are per-
mitted to enter the service with field officers appointed by State
authority. I will, if in my power, furnish the two companies of
cavalry, armed and equipped. Having loaned the President 500
Sharps carbines for cavalry in Virginia and having armed the bat-
talion of cavalry now in the service of the State at Camp McDonald,
I fear I may find it difficult to arm and equip the companies now
required. Should circiimstances render it necessary for the President
to employ the services of a brigade of the character above mentioned,
I renew the tender heretofore made of the State's brigade, thoroughly
armed and equipped.

Verj' respectfully, your obedient servant,

JOSEPH E. BROWN.

Headquarters,
New Orleans, July 6, 1861.
Hon. L. P. Walker,

Secretary of War, Richmond, Va.:
Sir: Your requisition of June 30 has been received. I Avill raise
the two regiments you want for Memphis as early as possible. One
of them, to be commanded by Colonel Marigny, is nearly ready. It
will be more difficult to supply the 3,000 men you want as a reserve
corps, but I will proceed to form it. Enlistments for the war, espe-
cially when they know they are to go into a camp of instruction, will be
very slow. The requisitions upon the effective force of the State have
already been heavy, although our people have exceeded the number
called for, more troops being in the field now from this State than
were required to fill your requisitions. If Colonel Marigny's regiment,
which is a war regiment, can be considered one of those of the reserve
corps, or rather as a part of the 3,000, it would be advisable. He is a
man of military education. If I arm the two Memphis regiments and
the 3,000 it will leave me without a gun for our own people, and surely
we ought not to be without arms when we may reasonably expect an
invasion ourselves in the fall at furthest. I telegraphed about the
chain to be stretched across the river from fort to fort.
I am, very respectfully, your obedient servant,

THO. O. MOORE,

Oovernor.

CusTOM-HousE, Collector's Office,

New Orleans, July 6, 1861.
Hon. L. P. Walker,

Secretary of War, Richmond, Va.:
Sir: I have the honor to inform you that the light schooner W. R.
King returned in safety to Berwick Bay on the 30th ultimo, without
having fallen in with either the Bamberg or Windsor Forest. The
report of Mr. H. L. Hanley, who had charge of this expedition, will
be forwarded at an early day. Although unsuccessful in finding these
vessels, information has been elicited that will be valuable in trans-

CONFEDERATE AUTHORITIES. 423

ferring the arms and munitions to the Confederate States should the
Windsor Forest have made a port in the West Indies in safety.
Very i-espectfuUy, your obedient servant,

F. H. HATCH,

Collector.

Charleston, S. C, Jvly 7, 1861.
Hon. L. P. Walker:

Sir: I reached this place this morning from Augusta, Ga., where I
spent two days with moderate success in purchasing rifles. It being
Sunday, I am unable to say with what success I shall meet here, but
I am satisfied that I shall be able to procure at least fifty rifles. I
have shipped up to this date nearly 400 rifles, in good condition, to
the commanding oflScer at Fort Smith. I now propose to go through
the States of South Carolina and North Carolina, and perhaps Ten-
nessee again, relying upon procuring the rest of the rifles in the two
former States. I shall proceed from this place to Columbia, S. C,
where I respectfully request that you will send me a draft for $250
(payable in gold) for traveling purposes. It is of great advantage to
me to have gold, as I find the greatest difficulty in passing the bank
notes of one State at par, in an adjoining State even. I will be in
Columbia, S. C, by the time that the draft reaches there. I find
everywhere I go that there are other persons in the market purchas-
ing rifles, even at prices which I do not feel myself justified in giving.
It is therefore very necessary for me to have the proper currency
and the ready money to move expeditiously from place to place, and
take advantage of every opportunity which offers itself to make pur-
chases. I respectfully request that as little delay as possible may
attend the forwarding of the funds.

I am, sir, your obedient servant,

THOS. B. MILLS,

C. S. Navy.

Hdqrs. Louisiana Militia, Adjutant-General's Office,

New Orleans, July 7, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: Governor Moore instructs me to acknowledge receipt of your
communication of the 30th of June, making a further requisition upon
the State of Louisana for 3,000 troops as a corps de reserve for the
war, and to state that as soon as the two regiments now being organ-
ized for the twelve months shall have been completed he will proceed
to organize the companies called for, and transfer them as soon as
ready to the Confederate States. The Governor desires to know
whether, having selected the places for the two encampments, the
companies being placed, they are to be maintained at the expense of
the State of Louisiana or if the Confederate States will take charge
of them and furnish the subsistence stores, &c. If they are to be
kept at the expense of the State until called into active service of the
Confederate States he instructs me to say that he cannot do it, but
that it must be done at the expense of the Confederate States.
Respectfully, your obedient servant,

M. GRIVOT,
Adjutant and Inspector General.

424 CORRESPONDENCE, ETC.

Atlanta, July 8, 1861.
Hon. L. P. Walker,

Secretary of 'War:
Dear Sir: Tour letter of the 1st instant was forwarded to me at
Camp McDonald. You make requisition on me for two more regi-
ments of infantry, armed and equipped, in addition to the 3,000 men
required by companies by your letter of the day previous. I do not
understand you that these two regiments are required as a part of
Georgia's just quota, as I am satisfied you will admit she has done as
much as her just proportion when she shall have furnished the 3,000
men added to those already sent forward. I am not disposed, how-
ever, to discuss the question of quota. If the troops are needed and the
wishes of the government of Georgia in matters vital to her interest and
her honor are respected, I shall do all in my power to gratify every wish
of the President. The brigade now in camp of instruction is organized
in strict conformity to the statute of this State and is a splendid body
of men, thoroughly armed, and in a few days will be fully equipped.
In its organization I have but carried out the law of this State, and I
now have the men so trained that I feel that they are prepared
for service. If the object of your requisition is to take from this
brigade the two regiments and then reject the three battalions and
the commanding oflBcer, I most respectfully decline to comply with
the requisition. I will, however, do all in my power to collect in the
shortest time possible such companies in the State as have arms, and
form out of them two regiments, with which I will fill the requisition.
I may be able, probably, to equip them ; if I should not, you will, I
trust, feel that I do not ask too much when I request that you do for
Georgia what you have done for other States — equip part of the troops
which she furnishes you under requisition. I wish to act in a spirit
of liberality in the whole matter and trust you will do the same. I
therefore make you this frank proposition : If you will receive the
brigade as it is, armed and equipped, with General Phillips in com-
mand, or if there is any question about your right to receive a brigade,
then receive the regiments and battalions and appoint him to the com-
mand, I will consent that you appoint all his staff officers except one
confidential aide, and I will, at any cost of labor or expense to myself
or the State, within ten days from the date of your acceptance of this
proposition, furnish you in addition to the brigade two other regi-
ments, as fully armed and equipped for the field as have been former
regiments furnished by me. I trust you will meet this proposition in
the spirit of kindness in which it is made. It is equivalent to an offer
to furnish you five regiments, armed and equipped, in ten days, if
you will accept them and appoint to the command of the brigade the
officer who is the choice of every oflicer now. under his command. I
will address to the President a short note on this subject, and I
respectfully request that you lay this letter before him and call his
attention to its contents. I feel that my request is a reasonable one
and that I have a right to hope, in behalf of the State, that it will
be granted. If so, please telegraph me at Atlanta that it has been
considered and my proposition accepted, and I will exercise the utmost
diligence in complying on my part.

I have the honor to be, vei-y respectfully, <fcc.

JOSEPH E. BROWN.

confederate authorities. 425

Office of the Mississippi Central R. R. Company,

Holly Springs, July 8, 1861.
Hon. L. p. Walker,

Secretary of War, Confederate States of America, Richmond :
Dear Sir : In further reply to your communication of the 2d instant,
I have to remark that I have had an interview with Jones, McElwain
& Co., manufacturers, of this place, in reference to manufactiiring
arms for the Confederate States. They are making machinery for
the construction of the Belgian or Mississippi rifle, and in one week
from this time will be prepared to make the lock. In thirty days
thej' will have their machinery ready to roll the barrel. In about the
same time will have the machinery ready to bore and rifle it. In
sixty days they say they can commence the delivery of rifles, with
bayonets and all complete, and in ninety days can tiirn out 100 per
per day. Tliey can procure the best of Tennessee charcoal iron for
the barrel and seasoned lumber for the stock. They are willing to
enter into a contract for the manufacture and delivery of from 20,000
to 50,000 rifles, with sword bayonet complete, for about $20 each. If
a contract should be made for a large number it would require a large
increase of force, and they would need some pecuniary aid to facili-
tate the delivery of the arms. They assure me they can procure sea-
soned material for the stocks and the best iron for the barrel. It is
probable they would require an advance of about $20,000 or $25,000
to enable them to procure materials and machinery. They have suffi-
cient motive power to drive all necessary machinery, and have now
in their shops many of the tools necessary to commence and prosecute
the work, and are engaged in making more. Mr. McElwain informs
me he will soon have in readiness a machine of his own make for bor-
ing and rifling barrels, and can readily change old rifles to a lai-ger
caliber. Could he obtain one of the rifling machines that General
Polk informed me he had procured he could greatly facilitate the
general's desire to change the country rifle into one suitable for the
Army. Mr. McElwain is one of the best mechanics in the South. He
has few equals so far as he has had experience. He possesses indus-
try and energy, with, I believe, sufficient ability to comply with any
agreement he may make. At my solicitation he visits Richmond,
that he may have a personal interview with you and thus perhaps
enable you to form an opinion as to his means of complying with
your wishes.

The above is a copy of a letter of same date addressed to the Presi-
dent of Confederate States.

Respectfully, your obedient servant,

W. GOODMAN.

P. S. — Jones, McElwain <fc Co. are prepared to furnish any amount
of shot, shell, and cannon of all descriptions.

Circular.] Quartermaster-General's Dept., C. S. Army,

Richmond, Va., July 9, 1861.
The following decisions of the Secretary of War are published for
the information of all concerned:

Officers of the C. S. Army holding commissions in the volunteer service of a
higher grade than those held in the Confederate Army are permitted, at their
option, to receive the pay exclusively of either rank. Nine dollars per month for

426 CORRESPONDENCE, ETC.

every five years' service is only paid to officers of the Regular Army of the
Confederate States drawing the pay of their grade in that Army.

When transportation is furnished in kind to discharged volunteer soldiers a
commutation is allowed of a ration per day for the journey from the place of
discharge to the place of enrollment, the commutation being the value of the
ration at the place of discharge.

Volunteers discharged before the expiration of six months' service are entitled
to receive $21 — commutation of clothing not drawn.

A. C. MYERS,

Quartermaster- Oeneral.

[July 9, 1861. — For proclamation of Governor Pettus, calling for
two regiments of volunteers from Mississippi, see Series I, Vol. IV,
p. 388.]

[July 9, 1861. — For Cooper to Letcher, requesting that the militia
of the counties of Greene, Orange, Madison, Culpeper, Stafford, Rap-
pahannock, Fauquier, Prince William, Loudoun, and Fairfax, in
Virginia, be called into immediate service, see Series I, Vol. LI, Part
II, p. 158.]

[July 9 and 11, 1861. — For correspondence between Walker and
Harris, in relation to requisition for two regiments for service in East
Tennessee, see Series I, Vol. IV, p. 366.]

A TREATY of friendship and alliance made and concluded at the North Fork
Village, on the North Fork of the Canadian River, in the Creek Nation, west of
Arkansas, on the tenth day of July, A. D. one thousand eight hundred and sixty-
one, between the Confederate States of America, by Albert Pike, commissioner,
with plenary powers, of the Confederate States, of the one part, and the Creek
Nation of Indians, by its chiefs, headmen, and warriors in general council
assembled, of the other part.

The Congress of the Confederate States of America having, by "An
act for the protection of certain Indian tribes," approved the twenty-
first day of May, A. D. one thousand eight hundred and sixty-one,
offered to assume and accept the protectorate of the several nations
and tribes of Indians occupjing the country west of Arkansas and
Missouri, and to recognize them as their wards, subject to all the
rights, privileges and immunities, titles and guaranties, with each of
said nations and tribes under treaties made with them by the United
States of America; and the Creek Nation of Indians having assented
thereto upon certain terms and conditions :

Now, therefore, the said Confederate States, by Albert Pike, their
commissioner, constituted by the President under authority of the act
of Congress in their behalf, with plenary powers for these purposes,
and the Creek Nation, in general council assembled, have agreed to
the following articles, that is to say:

Article I. There shall be perpetual peace and friendship, and an
alliance, offensive and defensive, between the Confederate States of
America, and all of their States and people, and the Creek Nation of
Indians, and all its towns and individuals.

Art. II. The Creek Nation of Indians acknowledges itself to be
under the protection of the Confederate States of America, and of no

CONFEDERATE AUTHORITIES. 427

other power or sovereign whatever; and doth hereby stipulate and
agree with them that it will not hereafter, nor shall any of its towns
or individuals, contract any alliance or enter into any compact, treaty,
or agreement with any individual State or with a foreign power: Pro-
vided, That it may make such compacts and agreements with neigh-
boring nations and tribes of Indians for their mutual welfare and the
prevention of difficulties as may not be contrary to this treaty, or
inconsistent with its obligations to the Confederate States; and the
said Confederate States do hereby assume and accept the said protect-
orate, and recognize the said Creek Nation as their ward ; and by the
consent of the said Creek Nation, now here freely given, the country
whereof it is proprietor in fee, as the same is hereinafter defined, is
annexed to the Confedei'ate States, in the same manner and to the
same extent as it was annexed to the United States of America before
that Government was dissolved, with such modifications, however, of
the terms of annexation, and upon such conditions as are hereinafter
expressed, in addition to all the rights, privileges, immunities, titles,
and guaranties with or in favor of the said nation, under treaties made
with it, and under the statutes of the United States of America.

Art. III. The following shall constitute and remain the boundaries
of the Creek country, viz : Beginning at the mouth of the North Fork
of the Canadian River and running northerly four miles; thence run-
ning a straight line so as to meet a line drawn from the south bank of
the Arkansas River, opposite the east or lower bank of Grand River,
at its junction with the Arkansas, and which runs a course south 44
degrees west, one mile, to a post placed in the ground ; thence along
said line to the Arkansas and up the same to the Verdigris River, to
where the old Territorial line crosses it; thence along said line north
to a point twenty-five miles from the Arkansas River, where the old
Territorial line crosses the same ; thence running west with the south-
ern line of the Cherokee country to the North Fork of the Canadian
River, where the boundary of the cession to the Seminole Nation
defined in the first article of the treaty between the United States of
America and the Creek and Seminole Nations, of August seventh,
A. D. one thousand eight hundred and fifty-six, first strikes said
Cherokee line; thence down said North Fork to where the eastern
boundary line of the said cession to the Seminole Nation strikes the
same ; thence with that line due south to the Canadian River, at the
mouth of the Ok-hai-ap-po, or Pond Creek, and thence down said
Canadian River to the place of beginning.

Art. IV. The Creek Nation hereby gives its full, free, and unquali-
fied assent to those provisions of the act of Congress of the Confederate
States of America entitled "An act for the protection of certain Indian
tribes," approved the twenty-first day of May, A. D. one thousand
eight hundred and sixty-one, whereby it was declared that all rever-
sionary and other interest, right, title, and proprietorship of the
• United States in, unto, and over the Indian country in which that of
said nation is included should pass to and vest in the Confederate
States; and whereby the President of the Confederate States was
authorized to take military possession of all said country ; and
whereby all the laws of the United States, with the exception herein-
after made, applicable to and in force in said country, and not incon-
sistent with the letter or spirit of any treaty stipulations entered into
with the Creek Nation among others were re-enacted, continued in
force, and declared to be in force in said country as laws and statutes
of the Confederate States : Provided, however, And it is hereby agreed

428 CORRESPONDENCE, ETC.

between the said parties that whatever in the said laws of the United
States contained is or may be contrary to or inconsistent with any
article or provision of this treaty is to be of none effect henceforward,
and shall, upon the ratification hereof, be deemed and taken to have
been repealed and annulled as of the present date ; and tliis assent,
as thus qualified and conditioned, shall relate to and be taken to
have been given upon the said day of the approval of the said act of
Congress.

Art. V. The Confederate States of America do herebj^ guarantee
to the Creek Nation, to be held by it to its own use and behoof in fee
simple forever, the lands included within the boundaries defined in
the preceding article of this treaty; to be held by the people of the
said nation in common, as they have heretofore been lield, so long as
grass shall grow and water run, if the said nation shall so please, but
with power of making partition thereof and disposition of parcels of
the same by virtue of laws of the nation duly enacted ; by which par-
tition or sale title in fee simple absolute shall vest in parceners and
purchasers, whenever it shall please the nation of its own free will
and accord and without solicitation from any quarter to do so ; which
solicitation the Confederate States hereby solemnly agree never to use ;
and the title and tenure hereby guaranteed to the said nation is and
shall be subject to no other conditions, reservations, or restrictions
whatever than such as are hereinafter specially expressed.

Art. VI. None of the said lands hereby guaranteed to the Creek
Nation shall be sold, ceded, or otherwise disposed of to any foreign
nation or to any State or Government whatever; and in case any such
sale, cession, or disposition should be made without the consent of
the Confederate States all the said lands shall thereupon revert to the
Confederate States.

Art. VII. The Confederate States hereby agree and bind them-
selves that in guaranteeing to the Seminole Nation of Indians the
country granted, ceded, and conveyed to it by the Creek Nation by
the treaty of the seventh day of August, A. D. one thousand eight
hundred and fifty-six, it shall be provided, as it was in that treaty,
that no part thereof shall ever be sold or otherwise disposed of by
the said Seminole Nation without the consent of the Creek Nation
formally and explicitly given.

Art. VIII. The Confederate States of America do hereby solemnly
agree and bind themselves that no State or Territory shall ever pass
laws for the government of the Creek Nation, and that no portion of
the country hereby guaranteed to it shall ever he embraced or included
within or annexed to any Territory or province ; nor shall any attempt
ever be made, except upon the free, voluntary, and unsolicited appli-
cation of the said nation, to erect the said country, by itself or with
any other, into a State, or any other Territorial or political organiza-
tion, or to incorporate it into any State previously created.

Art. IX. So far as may be compatible with the Constitution of the
Confederate States and with the laws made, enacted, or adopted in
conformity thereto, regulating trade and intercourse with the Indian
tribes, as the same are limited and modified by this treaty, the Creek
Nation shall possess the otherwise unrestricted right of self-govern-
ment, and full jurisdiction, judicial and otherwise, over persons and
property within their limits, excepting only such white persons as are
not, by birth, adoption, or otherwise, members of either the Creek or
Seminole Nation; and that there may be no doubt as to the meaning
of this exception, it is hereby declared that every white person who,

CONFEDERATE AUTHORITIES. 429

having married a Creek or Seminole woman, resides in the said Creek
country, or who, without intermarrying, is permanently domiciled
therein with the consent of the authorities of the nation, and votes at
elections, is to be deemed and taken to be a member of the said nation
within the true intent and meaning of this article ; and that the excep-
tion contained in the laws for the punishment of offenses committed
in the Indian country, to the effect that they shall not extend or apply
to offenses committed by one Indian against the person or property
of another Indian, shall be so extended and enlarged by virtue of this
article when ratified, and without further legislation, as that none
of said laws shaU extend or apply to any offense committed by any
Indian, or negro, or mulatto, or by any such white person, so by birth,
adoption, or otherwise a member of such Creek or Seminole Nation,
against the person or property of any Indian, negro, mulatto, or any
such white person, when the same shall be committed within the
limits of the said Creek Nation as hereinbefore defined ; but all such
persons shall be subject to the laws of the Creek Nation, and to pros-
ecution and trial before its tribunals, and to punishment according
to such laws, in all respects like native members of the said Creek
Nation.

Art. X. All persons who are not members of either the Creek or
Seminole Nation found in the Creek country, as hereinbefore limited,
shall be considered as intruders, and be removed and kept out of the
same, either by the civil officers of the nation under the direction of
the executive or the general council, or by the agent of the Confed-
erate States for the nation, who shall be authorized to demand, if
necessary, the aid of the military for that purpose, with the following
exceptions only, that is to say : Such individuals with their families
as may be in the employment of the Government of the Confederate
States; all persons peaceably traveling or temporarily sojourning in
the country or trading therein under a license from the proper
authority; and such persons as may be permitted by the Creeks or
Semiuoles, with the assent of the agent of the Confederate States, to
reside within their respective limits without becoming members of
either of said tribes.

Art. XI. The tract of two sections of land, selected by the Presi-
dent of the United States, under the treaty with the Creek Nation
concluded on the twenty-fourth day of January, A. D. one thousand
eight hundred and twenty-six, at which the Creek Agency is now
maintained, and whereon the public buildings of that agency have
been erected, is hereby reserved to the Confederate States in the same
manner as the same was by that treaty reserved to . the United
States, and is not included in the guarantee of lands aforesaid, but
shall be within the sole and exclusive jurisdiction of the Confed-
erate States, except as to members of the Creek or Seminole Nation
as above defined ; all offenses committed by whom thereon shall be
punished by the laws and courts of the said nation whenever they
would be so punished if committed elsewhere in the nation : Provided,
That whenever the agency for the said nation shall be discontinued
by the Confederate States, and an agent no longer appointed, the said
tract of two sections of land sliall pass to and vest absolutely in the
Creek Nation in the same manner as its other lands with all the
buildings that may be thereupon.

Art. XII. The Confederate States shall have the right to build,
establish, and maintain such forts and military posts, temporary or
permanent, and to make and maintain such military and post roads

430 CORRESPONDENCE, ETC.

as the President may deem necessary within the Creek country; and
the quantity of one mile square of land, including each fort or post,
shall be reserved to the Confederate States, and within their sole and
exclusive jurisdiction, so long as such fort or post is occupied; but
no greater quantity of land beyond one mile square shall be used or
occupied, nor any greater quantity of timber felled than of each is
actually requisite; and if in the establishment of such fort, post, or
roads, or of the agency, the property of any individual member of the
Creek Nation, or any property of the nation itself, other than land,
timber, stone, and earth, be taken, destroyed, or injured, just and
adequate compensation shall be made by the Confederate States.

Art. XIII. The Confederate States or any company incorporated
by them, or any one of them, shall have such right of way for rail-
roads or telegraph lines through the Creek country; but in case of
any incorporated company, it shall have such right of way only upon
such terms and paj'ment of such amount to the Creek Nation as may
be agreed upon between it and the national council thereof; or, in
case of disagreement, by making full compensation, not only to indi-
vidual parties injured, but also to the nation for the right of way; all
damage and injury done to be ascertained and determined in such
manner as the President of the Confederate States shall direct. And
the right of way granted by said nation for any railroad shall be per-
petual, or for such shorter term as the same may be granted, in the
same manner as if no reversion of their lands to the Confederate
States were provided for, in case of abandonment by them or of
extinction of their tribe.

Art. XIV. No person shall settle, farm, or raise stock within the
limits of any post or fort, or of the agency, except such as are or may
be [in] the employment of the Confederate States in some civil or
military capacity, or such as, being subject to the jurisdiction and
laws of the Creek Nation, are permitted by the commanding officer of
the fort or post to do so thereat, or by the agent to do so upon the
agency reserve.

Art. XV. The Confederate States shall protect the Creeks from
domestic strife, from hostile invasion, and from aggression by other
Indians and white persons not subject to the jurisdiction and laws of
the Creek Nation; and for all injuries resulting from such invasion
or aggression full indemnity is hereby guaranteed to the party or
parties injured, out of the Treasury of the Confederate States, upon
the same principle and according to the same rules upon which white
persons are entitled to indemnity for injuries or aggressions upon
them committed by Indians.

Art. XVI. No person shall hereafter be licensed tb trade with the
Creeks, except by the agent, and with only the exceptions hereinafter
mentioned, with the advice and consent of the National Council.
Every such trader shall execute bond to the Confederate States in
such form and manner as was required by the United States, or as may
be required by the Bureau of Indian Affairs; and hereafter it shall be
iu the power of the general council of the Creek Nation to levy and
collect of all licensed traders a tax not exceeding 1^ per cent, on the
first cost of all goods, wares, and merchandise hereafter brought by
them into the nation for sale; which first cost shall, in all cases, be
ascertained from the invoices, copies whereof are required to be fur-
nished to the agent. Such tax shall be payable immediately upon and
after the importation into the nation of each stock of goods, but shall
in no case be levied twice on the same stock or part of the same:
Provided, That no tax shall be levied for the present year upon the

CONFEDERATE AUTHORITIES. 431

stocks of goods now held by licensed traders, but only upon such as
they shall hereafter receive, and upon «o much of their present stock
as shall remain on hand on the 1st day of January next. No appeal
shall hereafter lie to any officer whatever from the decision of the
agent refusing to license any applicant.

Art. XVII. Immediately upon the signing of this treaty the agent
of the Confederate States shall notify each licensed trader in the
Creek Nation that he is required to apply for a license under the laws
of the Confederate States within thirty days after the date of such
notice; and any one failing to do so shall be considered as an
intruder and be immediately removed from the country. Upon each
such application the agent shall decide and grant or refuse the same
at his discretion, as heretofore, and his decision shall be final. Every
license so granted by him shall be for the term of twelve months in
addition to the unexpired portion of the year 1861; and if, at the
expiration of the year 1862, a renewal of license should not be granted
to any such trader he shall, nevertheless, be entitled to remain in the
country such reasonable length of time as may, in the opinion of the
agent, be necessary, under the protection of the laws of the Confeder-
ate States, as a person peaceably sojourning therein, for the purpose
of collecting such debts as may be due him: Provided, That no such
license shall be granted by the agent unless the party applying shall
have paid the whole amount of compensation for land and timber
assessed for the year 1861 by the council with the assent of the agent;
and that any license hereafter granted shall be revoked on failure or
refusal to pay in due time the tax that may be legally assessed in any
year. When a second license is applied for by any such party, or
hereafter when any new party applies for license, it shall be granted
with the advice and consent of the National Council: And provided
also. That if the general council has any well-founded objection to the
present renewal of any license to any person now licensed as a trader,
for which such renewal ought not, under the law, to be granted, it
may present such objection to the agent, who shall refuse to renew
the license in that case if he finds such objection to be well founded
and sufficient; and if he do not so refuse the general council may
carry the matter before the superintendent, whose decision shall be
final.

Art. XVIII. All restrictions and limitations heretofore imposed or
existing by treaty, law, or regulation upon the right of any member
of the Creek Nation freely to sell and dispose of to any person what-
ever any chattel or article, of personal property whatever are hereby
removed and annulled, except such as the laws of the nation itself
may have created.

Art. XIX. An agent of the Confederate States and an interpreter
shall be continued to be appointed for the Creek Nation, both of whom
shall reside at the agency; and whenever a vacancy shall occur in
either of the said offices the authorities of the nation shall be con-
sulted as to the person to be appointed to fill the same, and no one
shall be appointed against whom they in good faith protest; and the
agent may be removed on petition and formal charges preferred by
the constituted authorities of the nation, the President being satisfied,
upon full investigation, that there is sufficient cause shown for such
removal.

Art. XX. The Creek Nation may, by act of its legislative author-
ities, receive and incorporate in itself as members of the nation, or
permit to settle and reside upon the national lands, such Indians of

432 CORRESPONDENCE, ETC.

any other tribe as to it may seem good; and may sell such Indians
portions of land, in fee or by less estate, or lease them portions thereof
for years or otherwise, and receive to its own use the price of such
sales or leases; and it alone shall determine who are members and
citizens of the nation entitled to vote at elections, hold ofl&ce, or share
in annuities or in the common lands : Provided, That when persons
of another tribe shall once have been received as members of the
Creek Nation they shall not be disfranchised or subjected to any
other restrictions upon the right of voting than such as shall apply
to the Creeks themselves. But no Indians other than Creeks and
Seminoles not now settled in the Creek country shall be permitted to
come therein to reside without the consent and permission of the
legislative authority of the nation.

Art. XXI. If any citizen of the Confederate States or any other
person, not being permitted to do so by the authorities of said nation
or authorized by the terms of this treaty, shall attempt to settle upon
any lands of the Creek Nation, he shall forfeit the protection of the
Confederate States, and such punishment may be inflicted upon him,
not being cruel, unusual, or excessive, as may have been previously
prescribed by law of the nation.

Art. XXII. No citizen or inhabitant of the Confederate States
shall pasture stock on the lands of the Creek Nation, under the
penalty of $1 per head for all so pastured, to be collected by the
authorities of the nation ; but their citizens shall be at liberty at all
times, and whether for business or pleasure, peaceably to travel the
Creek country, and to drive their stock to market or otherwise through
the same, and to halt such reasonable time on the way as may be
necessary to recruit their stock, such delay being in good faith for
that purpose.

Art. XXIII. It is also further agreed that the members of the
Creek Nation shall have the same right of traveling, driving stock,
and halting to recruit the same in any of the Confederate States as is
given citizens of the Confederate States by the preceding article.

Art. XXIV. The ofiBcers and people of the Creek and Seminole
Nations, respectively, shall at all times have the right of safe con-
duct and free passage through the lands of each other; and the
members of each nation shall have the right freely, and without
seeking license or permission, to settle within the country of the
other, and shall thereupon be entitled to all the rights, privileges,
and immunities of members thereof, including the right of voting at
elections and of being deemed qualified to hold office, and excepting
only that no member of either nation shall be entitled to participate
in any funds belonging to the other nation. Members of each nation
shall have the right to institute and prosecute suits in the courts of
the other, under such regulations as may from time to time be pre-
scribed by their respective Legislatures.

Art. XXV. Any person duly charged with a criminal offense
against the laws of either the Creek or Seminole Nation, and escaping
into the jurisdiction of the other, shall be promptly surrendered upon
the demand of the proper authority of the nation within whose juris-
diction the offense shall be alleged to have been committed.

Art. XXVI. The Creek Nation shall promptly apprehend and
deliver up all persons accused of any crime against the laws of the
Confederate States or any State thereof, who may be found within its
limits, on demand of any proper officer of a State or the Confederate
States.

CONFEDERATE AUTHORITIES. 433

Art. XXVII. In addition to so much and such parts of the act of
Congress of the United States enacted to regulate trade and inter-
course with Indian tribes and to preserve peace on the frontiers as
have been re-enacted and continued in force by the Confederate States,
and as are not inconsistent with the provisions of this treaty, so much
of the laws of the Confederate States as provides for the punishment
of crimes amounting to felony at common law or by statute against
the laws, authority, or treaties of the Confederate States, and over
which the courts of the Confederate States have jiirisdiction, including
the counterfeiting the coin or securities of the Confederate States or
uttering counterfeit coin or securities, and so much of such laws as
provides for punishing violators of the neutrality laws, and resistance
to the process of the Confederate States, and all the acts of the Provis-
ional Congress providing for the common defense and welfare, so far
as the same are not locally inapplicable, shall hereafter be in force
in the Creek country.

Art. XXVIII. Whenever any person who is a member of the Creek
Nation shall be indicted for any offense in any coiui; of the Conlederate
States or in a State court he shall be entitled as of common right to
subpoena and, if necessary, compulsory process for aU such witnesses
in his behalf as his counsel may think necessary for his defense; and
the costs of process for such witnesses, and of service thereof, and
the fees and mileage of such witnesses shall be x>aid by the Confed-
erate States, being afterward made, if practicable, in case of convic-
tion, of the property of the accused. And whenever the accused is
not able to employ counsel the court shall assign him one experienced
counsel for his defense, who shall be paid by the Confederate States a
reasonable compensation for his services, to be fixed by the court and
paid upon the certificate of the judge.

Art. XXIX. The provisions of all such acts of Congress of the
Confederate States as may now be in force, or may hereafter be enacted,
for the purpose of carrying into effect the provision of the Constitu-
tion in regard to the redelivery or return of fugitive slaves, or fugi-
tives from labor and service, shall extend to and be in f uU force within
the said Creek Nation, and shall also apply to aU cases of escape of
fugitive slaves from the said Creek Nation into any other Indian
nation or into one of the Confederate States, the obligation upon each
such nation or State to redeliver such slaves being in every case as
complete as if they had escaped from another State, and the mode of
procedure the same.

Art. XXX. Persons belonging to the Creek Nation shall hereafter
be competent as witnesses in all cases, civil and criminal, in the courts
of the Confederate States, unless rendered incompetent from some
other cause than their Indian blood or descent.

Art. XXXI. The official acts of all judicial officers in the said
nation shall have the same effect and be entitled to the like faith and
credit everywhere as the like acts of judicial officers of the same grade
and jurisdiction in any of the Confederate States ; and the proceed-
ings of the courts and tribunals of the said nation and copies of the
laws and judicial and other records of the said nation shall be authen-
ticated like similar proceedings of the courts of the Confederate States
and the laws and office records of the same, and be entitled to like
faith and credit.

Art. XXXII. It is hereby declared and agreed that the institution
of slavery in the said nation is legal and has existed from time imme-
morial; that slaves are taken and deemed to be personal property;

28 R R — SERIES IV, VOL I

434 CORRESPONDENCE, ETC.

that the title to slaves and other property having its origin in the said
nation shall be determined by the laws and customs thereof; and that
the slaves and other personal property of every person domiciled in
said nation shall pass and be distributed at his or her death in accord-
ance with the laws, usages, and customs of the said nation, which may
be proved like foreign laws, usages, and customs, and shall every-
where be held valid and binding within the scope of their operation.

Art. XXXIII. No ex post facto law or law impairing the obligation
of contracts shall ever be enacted by the legislative authority of the
Creek Nation to affect any other persons than its own people ; nor
shall any citizen of the Confederate States or member of any other
Indian nation or tribe be deprived of his property or deprived or
restrained of his liberty, or fine, penalty, or forfeiture be imposed on
him in the said country, except by the law of the land, nor without
due process of law; nor shall any such citizen be in any way deprived
of any of the rights guaranteed to all citizens by the Constitution of
the Confederate States; and it shall be within the province of the
agent to prevent any infringement of such rights and of this article,
if it should in any case be necessary.

Art. XXXIV. That the Congress of the Confederate States shall
establish and maintain post-ofl&ces at the most important places in the
Creek Nation, and cause the mails to be regularly carried at reason-
able intervals to and from the same, at the same rates of postage and
in the same manner as in the Confederate States.

Art. XXXV. Whenever any stream, over which it may be desir-
able to establish ferries, forms the boundary of the Creek country,
members of the Creek Nation shall have the right of ferriage from
their own land to the opposite shore; and no more onerous terms
shall be imposed by the State or nation opposite than such as it
imposes upon its own citizens having ferries on the same stream.

Art. XXXVI. In consideration of the common interests of the
Creek Nation and the Confederate States, and of the protection and
rights guaranteed to the said nation by this treaty, the Creek Nation
hereby agrees that it wiU, either by itself or in conjunction with the
Seminole Nation, raise and furnish a regiment of ten companies of
mounted men to serve in the armies of the Confederate States for
twelve months, the company officers whereof shall be elected by the
members of the company, and the field of&cers by a majority of the
votes of the members of the regiment. The men shall be armed by
the Confederate States, receive the same pay and allowances as other
mounted troops in the service, and not be moved beyond the limits of
the Indian country west of Arkansas without their consent.

Art. XXXVII. The Creek Nation hereby agrees and binds itself
at any future time to raise and furnish, upon the requisition of the
President, such number of troops for the defense of the Indian country
and of the frontier of the Confederate States as he may fix, not out of
fair proportion to the number of its population, to be employed for.
such terms of service as the President may fix; and such troops shall
always receive the same pay and allowances as other troops of the
same class in the service of the Confederate States.

Art. XXXVIII. It is further agreed by the said Confederate States
that the said Creek Nation shall never be required or called upon to
pay, in land or other^vise, any part of the expenses of the present war,
or of any war waged by or against the Confederate States.

Art. XXXIX. It is further agreed that, after the restoration of
peace, the Government of the Confederate States will defend the

CONFEDERATE AUTHORITIES. 435

frontiers of the Indian country, of which the Creek country is a part,
and hold the forts and posts therein with native troops recruited
among the several Indian nations included therein, under the com-
mand of officers of the Army of the Confederate States, in preference
to other troops.

Art. XL. In order to enable the Creek and Seminole Nations to
claim their rights and secure their interests without the intervention
of counsel or agents, and as they were originally one and the same
people and are now entitled to reside in the country of each other,
they shall be jointly entitled to a Delegate to the House of Represent-
atives of the Confederate States of America, who shall serve for the
term of two years, and be a member of one of the said nations, over
twenty-one years of age, and laboring under no legal disability by the
law of either nation ; and each Delegate shall be entitled to the same
rights and privileges as may be enjoyed by Delegates from any Terri-
tories of the Confederate States to the said House of Representatives.
Each shall receive such pay and mileage as shall be fixed by the Con-
gress of the Confederate States. The first election for Delegate shall
be held at such time and places, and be conducted in such manner as
shall be prescribed by the agent of the Confederate States, to whom
returns of such election shall be made, and he shall declare the per-
son having the greatest number of votes to be duly elected, and give
him a certificate of election accordingly, which shall entitle him to his
seat. For all subsequent elections, the times, places, and manner of
holding them and ascertaining and certifying the result shall be pre-
scribed by law of the Confederate States.

Art. XLI. It is further ascertained and agreed between the parties
to this treaty that the United States of America, of which the Con-
federate States of America were heretofore a part, were before the
separation indebted, and still continue to be indebted, to the Creek
Nation, and bound to the punctual payment to them of the following
sums annually, on the first day of July of each year, that is to say:

Perpetual annuities, amounting in the aggregate to $24,500, under
the fourth article of the treaty of the seventh day of August, A. D.
one thousand seven hundred and ninety; the second article of the
treaty of the sixteenth day of June, A. D. one thousand eight hundred
and two; and the fourth article of the treaty of the twenty-fourth day
of January, A. D. one thousand eight hundred and twenty-six.

Interest at the rate of 5 per cent, per annum on $200,000, which, by
the sixth article of the treaty of the seventh day of August, A. D.
one thousand eight hundred and forty [fifty]-six, the Upited States
agreed to invest in some safe stock, paying not less than that rate of
interest, and to pay the interest regularly and faithfully, to be applied
to purposes of education among the Creeks, but which they never
invested; being $10,000 per annum or more, payable perpetually.

The sum of $1,710 perpetually, the agreed cost of the wheelwright,
blacksmith, and assistant blacksmith, shop and tools, and iron and
steel, annually, under the eighth article of the treaty of the twenty-
fourth day of January, A. D. one thousand eight hundred and twenty-
six.

The sum of $8,220, payable annually, until and upon and ending
upon the first day of July, A. D. one thousand eight hundred and
sixty-four, being for the sums of $6,000 per annum, for education for
seven years from and after the fiscal year ending thirtieth of June,
A. D. one thousand eight hundred and fifty-seven, under the fourth
article of the treaty of the fourth day of January, A. D. one thousand

436 CORRESPONDENCE, ETC.

eight hundred and forty-five, as the same is recited in the fifth article
of the treaty of the seventh day of August, A. D. one thousand eight
hundred and fifty-six; and of $2,220, being the estimated annual cost
of the provision for two blacksmiths and assistants, shops and tools,
iron and steel, under the thirteenth article of the treaty made the
twenty-fourth day of March, A. D. one thousand eight hundred and
thirty-two, and which was continued for seven years from and after
that fiscal year by the treaty of the seventh day of August, A. D. one
thousand eight hundred and fifty-six.

The sum of $4,710, which was payable during the pleasure of the
President of the United States, as follows, to wit: $2,000 per annum
for assistance in agricultural operations, under the eighth article of
the treaty of the twenty-fourth day of January, A. D. one thousand
eight hundred and twenty-six; $1,000 per annum for education, under
the fifth article of the treaty of the fourteenth day of February, A. D.
one thousand eight hundred and thi rty -three ; and $1,710 per annum,
the estimated annual cost of the wagon-maker, blacksmith, and assist-
ant, shop and tools, iron and steel, under the same fifth article of the
same treaty last aforesaid; indefinite continuance of the payment of
which three sums was provided for by the treaty of the seventh day
of August, A. D. one thousand eight hundred and fifty-six.

And it is also hereby ascertained and agreed between the parties to
this treaty that there was due to the Creek Nation on the first day of
July, A. D. one thousand eight hundred and sixty-one, for and on
account of these annuities, interest, and annual installments, and of
arrearages thereof, the sum of $71,960, as follows, that is to say:

For the perpetual annuities then due, $24,500.

For interest and arrearages on the said sum of $200,000, provided
to be invested for purposes of education by the sixth article of the
treaty of the seventh day of August, A. D. one thousand eight hun-
dred and fifty-six, which has never been invested, and the five install-
ments of interest whereon, at the rate of 5 per cent, per annum, due
up to and upon the firat day of July, A. D. one thousand eight hun-
dred and sixty-one, amount to the sum of $50,000, whereof $21,000
only has been paid, the sum of $29,000.

For the two sums aforesaid due for educational purposes, $7,000.

For sums due for wagon-makers, blacksmiths, shops, iron and steel,
and agricultural purposes, $7,640, and for arrearages of same, being
one-half of the annual sum due on the first day of July, A. D. one
thousand eight hundred and sixty, and unpaid, $3,820, or together,
$11,460. And it not being desired by the Confederate States that the
Creek Nation should continue to receive these annual sums from the
Government of the United States, or otherwise have any further con-
nection or communication with that Government and its .superintend-
ents and agents, therefore the said Confederate States of America do
hereby assume the payment for the future of all the above-recited
annuities and annual payments, and agree and bind themselves regu-
larly and punctually to pay the same ; and do also agree and bind
themselves to pay immediately upon the complete ratification of this
treaty the said sum of $71,960 for such annuities and annual payments
due on the first day of July, A. D. one thousand eight hundred and
sixty-one, and for arrearages as above stated.

Art. XLII. It is also further agreed between the said parties to this
treaty that the United States of America, while the said several Con-
federate States were States of the said United States, held, and do
still continue to hold, in their hands, invested in bonds and stocks of

CONFEDERATE AUTHORITIES. 437

certain States, part or all of which are now members of the said Con-
federacy of States, the sum of $200,742.60, bearing an annual interest
of $11,694.54, and also arrearages of interest on the same in money,
which amounted on the first day of July, A. D. one thousand eight
hundred and sixty-one, to so much as to make, with the principal, the
sum of $249,937.14, in bonds, stocks, and money, in the hands of the
United States, and belonging to those persons surviving, and the legal
representatives of those persons deceased, who were oi*phan children
of the Creeks on the twenty-fourth day of March, A. D. one thou-
sand eight hundred and thirty-two, the same being the proceeds of
the twenty sections of land selected under the direction of the Presi-
dent of the United States for such orphan children of the Creeks
under and by virtue of the second article of the treaty of that date,
and which were sold and the proceeds invested in such stocks as
aforesaid, under the direction of the President of the United States,
in conformity to the provision of that article that said twenty sections
should be divided and retained or sold for the benefit of such children
as the President might direct.

And it is further agreed that in addition to this sum and to the
sum of $200,000, which should have been invested under the sixth
article of the treaty of the seventh day of August, A. D. one thou-
sand eight hundred and fifty-six, there has also long been and still is
due and owing from the said United States to certain individuals in
the Creek Nation, from claims allowed by William Armstrong as com-
missioner, in their favor, on account of depredations by the Osages,
as provided by treaty, the sum of $9,757.50, to pay which and other
like claims there has long remained in the lYeasury of the United
States the sum of $16,000, remainder of the sum of $30,000 allowed by
treaty with the Osages, made the eleventh day of January, A. D. one
thousand eight hundred and thirty-nine, for the purpose of paying
what should be adjudged for such depredations; and the said Con-
federate States of America do hereby assume the duty and obligation
of collecting and paying over as trustees to the said Creek Nation, for
the said orphans and legal representatives of orphan children of the
Creeks, all sums of money accruing, whether from interest or capital
of the bonds of the several States of the Confederacy now held by the
Government of the United States as trustee for the said orphans and
legal representatives of orphan children of the Creeks or for the Creek
Nation ; and the said interest and capital as collected shall be paid
over to the said orphans or legal representatives of orphans of the
Creeks or to the Creek Nation for them. And the said Confederate
States will request the several States whose bonds are sa held to pro-
vide, by legislation or otherwise, that the capital and interest of such
bonds shall not be paid to the Government of the United States, but
to the Government of the Confederate States, in trust for the said
orphans and legal representatives of orphans.

And the said Confederate States hereby guarantee to the said Creek
Nation the final settlement and full payment, upon and after the
restoration of peace and the establishment and recognition of their
independence, as of debts in good faith and conscience, as well as in
law due and owing, on good and valuable consideration, by the said
Confederate States and other of the United States, jointly, before the
secession of any of the States, of all the said sums of money so due
and owing by the late United States and of any sums received by that
Government and now held by it by way of interest on a capital of
said bonds of the States; and do also guarantee to it the full and

438 CORRESPONDENCE, ETC.

final settlement and payment, at the same period, of the capital and
interest of any and all bonds or stocks of any Northern State in which
any of the Creek funds may have been invested.

.Art. XLIII. It is also further agreed that whatever sums of money
are by this treaty provided to be settled and paid by the Confederate
States to the Creek Nation, for itself, upon the restoration of peace,
not including those belonging to the said orphans, shall be paid over
to the authorities of the nation, to be held by them invested in stocks,
or shall be by the Government of the Confederate States so invested,
in stocks bearing the best rate of interest, and at the market rate of
such stocks, as the authorities of the nation may require, so that the
nation may in either mode have all the advantages of the investment;
and that, if paid over to the authorities of the nation, the Govern-
ment of the Confederate States shall have no further control over the
same in any wise nor be in any wise responsible for its proper invest-
ment or disposition.

Art. XLIV. It is further agreed between the parties that all pro-
visions of the treaties of the Creek Nation with the United States
which secure or guarantee to the Creek Nation, or individuals thereof,
any rights or privileges whatever, and the place whereof is not sup-
plied by, and which are not contrary to, the provisions of this treaty,
and so far as the same are not obsolete and unnecessary, or repealed,
annulled, changed, or modified by subsequent treaties or laws or by
this treaty, are and shall be continued in force as if made with the
Confederate States.

Art. XLV. It is hereby further agreed by the Confederate States
that all the members of the Creek Nation as hereinbefore defined shall
be henceforward competent to take, hold, and pass by purchase or
descent, lands in any of the Confederate States heretofore or hereafter
acquired by them, and to sue and implead in any of the courts of each
of the States in the same manner and as fully, and under tlie same
terms and restrictions and the same conditions only, as citizens of
another of the Confederate States can do.

Art. XL VI. A general amnesty of all past offenses against the
laws of the United States and of the Confederate States committed in
the Indian country before the signing of this treaty by any member
of the Creek Nation as such membership is defined by this treaty is
hereby declared, and all such persons, if any, whether convicted or
not, imprisoned or at large, charged with any such offense shall receive
from the President fuU and free pardon and be discharged.

Art. XL VII. It is also further agreed that the sum of $750 shall be
appropriated, upon the ratification of this treaty, by the Congress of
the Confederate States to pay the expenses of the commissioners of
the Creek Nation who have negotiated the same, and that the same
shall be paid to the principal chief, Motey Kinnaird, who shall dis-
tribute the same among the commissioners as they shall agree and
direct.

Art. XLVIII. This treaty shall take effect and be obligatory upon
the contracting parties from the tenth day of July, A. D. one thou-
sand eight htmdred and sixty-one, whenever it shall be ratified by the
general council of the Creek Nation, and by the Provisional President
and Congress, or the President and Senate of the Confederate States.

CONFEDERATE AUTHORITIES. 439

undersigned, the commissioners appointed in this behalf by the gen-
eral council of the Creek Nation, do hereunto set their hands and affix
their seals.

Done in duplicate, at the place, and upon the day, in the year
aforesaid.

[SEAL.] ALBERT PIKE,

Commissioner of the Confederate States to the

Indians West of Arkansas.

MOTEY KINNAIRD, JOHN. L. SMITH.

Principal Chief. TIM. BARNETT.

ICHO HACHO, W. F. McINTOSH.

Principal Chief Upper Creeks. GEO. W. BRINTON.

CHILLY Mcintosh. ok-chun hacho.

LOUIS Mcintosh. co-as-sat-ti fix-i-co.

JAMES M. C. SMITH. JOSEPH CORNELLS.

G. W. STIDHAM. GEO. W. WALKER.

THOS. C. CARR. SAMUEL CHECOTE.

Signed in duplicate in our presence.

W. H. GARRETT,

C. S. Agent.
G. W. STIDHAM,

C. S. Interpreter.
W. WARREN JOHNSON.
WM. QUESENBURY,

Secretary to Commissioner.
H. S. BUCKNER.
W. L. PIKE.

Whereas, a treaty of alliance and friendship was made and con-
cluded, subject to the ratification of the general council of the Creek
Nation, on the tenth day of July, A. D. one thousand eight hundred
and sixty-one, by and between Albert Pike, commissioner with plenary
powers, of the Confederate States of America, on the part and behalf
of the Confederate States, and Motey Kinnaird, principal chief; Icho
Hacho, first chief of the Upper Creeks; Chilly Mcintosh, Louis
Mcintosh, James M. C. Smith, George W. Stidham, Thomas C. Carr,
John L. Smith, Timothy Barnett, William F. Mcintosh, George W.
Brinton, Ok-Chun Hacho, Co-as-sat-ti Fix-i-co, Joseph Cornells,
George W. Walker, Samuel Checote, and Daniel N. Mcintosh, a com-
mittee appointed by the general council of Mus-ko-ki Nation, at the
North Fork Village, on the North Fork of the Canadian River, in
the said Creek Nation; and whereas, by the forty-ninth [forty-eighth]
article thereof it is provided in these words, that ' ' This treaty shall
take effect and be obligatory upon the contracting parties from the
tenth day of July, A. D. one thousand eight hundred and sixty-one,
whenever it shall be ratified by the general council of the Creek
Nation, and by the Provisional President and Congress, or the Presi-
dent and Senate of the Confederate States : "

Now, therefore, be it known that the Creek or Mus-ko-ki Nation, in
general council assembled, on this the twentieth day of July, A. D.
one thousand eight hundred and sixty-one, at the council ground of
the said nation, having maturely considered the said treaty, and every
article and clause thereof, and being satisfied therewith, doth, upon:

440

CORRESPONDENCE, ETC.

its part, assent to, ratify, and confirm the same as its solemn act and
compact, as is therein stipulated, and doth direct that a copy of this
ratification, signed by the principal chief and national clerk, be
annexed to each part of the said treaty for authentication thereof.

Thus done and approved the day and year aforesaid.

A true copy of the original act of ratification as adopted by the

general council.

Attest.

MOTEY KINNAIRD,

Principal Chief.

D. N. Mcintosh,

National Clerk.

Signed and attested in our presence.

W. H. GARRETT,

C. S. Agent for the Creeks.
G. W. STIDHAM,
C. S. Interpreter for the Creeks

Names of the chiefs who signed the treaty concluded on the tenth
day of July, one thousand eight hundred and sixty-one, and approved
by the general council of the Creek Nation on the twentieth July, one
thousand eight hundred and sixty-one, between the Confederate States
of America and the Creek Nation of Indians : a

Echur Harjo.
Cowassart Harjo.
Nocus Emathla.
Us-so-na Harjo.
In-suk-ko.
Tustunnuk Kee.
Ar-chu-le Harjo.
Oh-sa Ta-ho-la.
He-ne-matheo-che.
TuUisse Fixico.
TaUof Harjo.
No-cus-illy.
Cha-low Harjo.
Ok-ta-ha-hassee Harjo
Ho-siche Boatswain.

Attest.

Thear-ke-ta.
Ya-ha Harjo.
Fixico Harjo.
Ok-chun Harjo.
Ne-ha Ya-ho-la.
Tallise Fixico.
Jimmy Larney.
Halputter Mikko.
Samuel Lasley.
Ya-ha Tustunnukke.
Ne-ha Ya-ho-la.
Co-we Harjo.
Wm. Bruner.
Jacob Derrysaw.
E-ne-ha.

Car-pit-char Ya-ho-la.
It-chin Ya-ho-la.
Nocus Fixico.
Mikko Hutke.
Napoche Fixico.
Cotchar Fixico.
James McHenry.
Cully Mikko.
Pow-has-e Marthla.
Ok-cus-ca Fixico.
Ar-hul Le-mathla.
Tul-wa Mikko.
Ar-ha-luk Fixico.
Lou-cher Harjo.
Carpechar Fixico.

'National Clerk.

ARTICLE SUPPLEMENTARY to the treaty concluded between the Confeder-
ate States of America and the Creek Nation of Indians, at the North Fork
Village, in the Creek Nation, on the tenth day of July, A. D. one thousand eight
hundred and sixty-one.

Article. The survivors, now residing in the Creek Nation, of the
Apalachicola band of Indians have earnestly represented to the com-
missioner of the Confederate States the facts following, that is to say:

That the Apalachicola band of Indians, being by origin a part of
the Creek Nation, long resided on the Apalachicola River, in what is
now the State of Florida, and were parties to the treaty concluded at

a To the Indian names are subjoined marks.

CONFEDERATE AUTHORITIES. 441

Camp Moultrie, with the Florida tribes of Indians, on the eighteenth
day of September, A. D. one thousand eight hundred and twenty-
three.

That by two treaties made and concluded with the United States on
the eighteenth day of June, A. D. one thousand eight hundred
and twenty-three, by different portions of the said Apalachicola
band, the chiefs and warriors of that band relinquished all the priv-
ileges to whicli they were entitled as parties to the treaty afore-
said, concluded at Camp Moultrie, and all their right and title to
certain reservations by it secured to them ; and in consideration of
that cession the United States agreed to grant and to convey within
three years, by patent to certain named chiefs for the benefit of
themselves and of the sub-chiefs and warriors of the said Apalachi-
cola band, the quantity, in all, of six sections of land, to be laid off
under the direction of the President after the lands should have been
surveyed.

That it was provided by the same two treaties that the said six
sections of land might be disposed of by the chiefs with the consent
and advice of the Governor of Florida, at any time before the expira-
tion of said term of three years, and that the said band might there-
upon migrate to a country of their choice. And it was further thereby
provided that if, at any future time, the chiefs and warriors of the
Apalachicola band should feel disposed to migrate from Florida to the
Creek and Seminole country west, they might either sell the grants of
land made by those treaties, and in that case must themselves bear
the whole expense of their migration, subsistence, &c. , or they might
surrender to the United States all the rights and privileges acquired
under said two treaties, in which case they should become parties to
the obligations, provisions, and stipulations of the treaty of Payne's
Landing, made with the Seminoles on the ninth day of May, A. D.
one thousand eight hundred and thirty-two, as a constituent part of
that tribe, and reunite with that tribe in their abode west, in which
case the United States would pay $6,000 for the reservations in that
case relinquished by the first article of the said two treaties.

That in the hostilities that afterward took place between the Creeks
and Seminoles and the United States the said Apalachicola band
remained loj'al to the United States, and maintained their peace and
friendship unbroken ; but in the year 1837 they were induced, by the
urgent solicitation of the emigrating agent of the United States, to
remove from the country occupied by them in Florida to the Indian
country west of Arkansas, leaving the lands so granted them as afore-
said, and a large number of horses, mules, cattle, hogs, -wagons, and
other articles which they could not collect together and carry with
them, and which the said emigrating agent persuaded them to leave
in his charge, on his promise that the owners should be paid the value
of all such their property in money by the agent of the United States
on their arrival in the country provided for them on the west side of
the Mississippi; a schedule* of all of which property so abandoned,
and of its value, and of the improvements on lands abandoned by
them, and the value of each is annexed to this article and forms a
part of it.

That by the treaty of Payne's Landing, made on the ninth day of
May, A. D. one thousand eight hundred and thirty-two, the United
States agreed to pay the Seminole Indians, in full compensation for all

* Omitted.

442 COEBE8PONDENCE, ETC.

their claim to lands in the Territory of Florida, and for all improve-
ments on the lands so ceded, the sum of $15,400, to be divided among
the chiefs and warriors of the several towns in a ratio proportioned
to their population; and they further agreed to take the cattle belong-
ing to the Seminoles at the valuation of some person to be appointed
by the President, and to pay the valuation in money to the respec-
tive owners or give them other cattle; and the expenses of removal
were to be paid by the United States and subsistence for twelve
months to all emigrants furnished by them;

And that no compensation has ever been made any of the said Apa-
lachicola band for the lands or improvements so abandoned by them,
or for the horses, mules, cattle, and other property abandoned by them ;
nor have they ever received any part of the annuities paid the Semi-
nole or Creek Nation since their removal west, or been recognized
as an integral part of the Seminole Nation, as it was provided they
should be;

And inasmuch as the forced emigration of the said band, and their
surrender and abandonment of their lands, improvements, horses,
cattle, and other property in consequence thereof, was equivalent, as
against the United States, to an election by them to surrender the
rights and privileges secured by the treaties of the eighteenth of June,
one thousand eight hundred and thirty-three, and to claim the rights
and privileges thereby vesting in them, as parties to the treaty of
Payne's Landing, of the ninth of May, one thousand eight hundred
and thirty-two :

Therefore, it is hereby agreed by the Confederate States of Amer-
ica, by Albert Pike, its commissioner with full powers,with the mem-
bers and survivors of the Apalachicola band of Florida Indians, that
upon and after the restoration of peace the said claims of the mem-
bers of that band to compensation for the loss of the lands, improve-
ments, horses, cattle, mules, and other property shall be fairly
investigated, in a generous and liberal spirit, by an officer or commis-
sioners, to whom that duty shall be assigned by the Confederate
States; and that whatei^er shall appear upon such inA^estigation to be
justly or equitably owing to members of the said band on account of
such losses as aforesaid shall be paid to the persons originally entitled
to the same, or to the legal representatives of such of them as maybe
deceased.

And it is also further agreed that the foregoing provisions of this
article shall extend to and include the claims for losses of the same
kind by members of Black Dirt's band of friendly Seminoles, who
lost property in like manner in consequence of their Jiurried removal
west, as the same is contained in the schedule thereof, marked B,*
annexed to this article.

And it is aLso agreed that the claims to money, in lieu of bounty-
land warrants, of the persons whose names and those of their heirs are
contained in the schedule marked C,* annexed to this article, shall, in
like manner and at the same period, be investigated, and so far as
they shall be found to be well founded shall be paid by the Confeder-
ate States.

In perpetual testimony whereof the said Albert Pike, commissioner
with full powers of the Confederate States of America, doth hereunto
set his hand and afl&x the seal of his arms.

* Omitted.

CONFEi)KRATE AUTHORITIES. 443

Thus done, signed, and sealed, at the North Fork Village, on the
Nortli Fork of the Canadian River, this tenth day of July, A. D. one
thousand eight hundred and sixty-one.

[seal.] albert pike,

Commissioner of the Confederate States to the

Indian Nations West of Arkansas.

RATIFICATION by the Congress.

Resolved (tivo-thirds of the Congress concurring), That the Con-
gress of tlie Confederate States of America do advise and consent to
the ratification of the articles of treaty, including the secret article
and supplementary article, made by Albert Pike, commissioner of
the Confederate States to the Indian nations west of Arkansas, in
behalf of the Confederate States of the one part and the Creek Nation
of Indians, bj' its chiefs, headmen, and warriors, in general council
assembled, of the other part, concluded at the North Fork Village, on
the North Fork of the Canadian River, in the Creek Nation, on the
tenth daj' of July, A. D. one thousand eight hundred and sixty-one,
with the following amendments :

1. Strike out from Article XXVIII the following words, "or in a
State court," and insert in lieu thereof the following words, "or in a
State court, subject to the laws of the State."

2. Add at the end of Article XXX the following words, "and the
Confederate States will request the several States of the Confederacy
to adopt and enact the provisions of this article in respect to suits
and proceedings in their respective courts."

3. Strike out from Article XI the following words, "the same rights
and privileges as may be enjoyed by Delegates from any Territories
of the Confederate States in the said House of Representatives," and
insert in lieu thereof the following words, "a seat in the hall of the
House of Representatives, to propose and introduce measures for the
benefit of said nations, and to be heard in regard thereto, and on
other questions in which either of said nations is particularly inter-
ested, with such other rights and privileges as may be determined by
the House of Representatives."

Note. — The foregoing amendments were subsequently ratified by general coun-
cil of the Creek Nation.

[July 10, 1861. — For Walker to Pickens, in relation to forwarding
troops to Richmond, Va., see Series I, Vol. LI, Part II, ^. 159.]

Richmond, July 11, 1861.
C;harles G. Wagner,

Montgomery, Ala.:
What number of arms are there at Montgomery ? Answer at once.

L. P. WALKER.

Montgomery, Ala., July 11, 1861.
Hon. L. P. Walker,

Secretary of War:
None but a box containing seven rifles, left by Lieutenant Mills.

CHAS. G. WAGNER.

444 CORRESPONDENCE, ETC.

KlCHMONB, JvXy 11, 1861.
John C. Booth,

Baton Rouge, La.:
Report at once the number of muskets and other arms you have in
charge.

L. l^ WALKER.

Confederate States of America, War Department,

Richmond, July 11, 1861.
His Excellency Joseph E. Brown,

Atlanta, Ga.:
Sir: Your several communications of June 28 and July 6 and 8
have been received. By the policy adopted, with the approval of the
President, in carrying out the law of Congress, it was not intended
to oppose the policy of the State in the matter of field officers of
regiments. The purpose was to get companies rapidly into camps of
instruction, and it was thought practicable to furnish instructors for
camps where the highest rank was that of captain ; not so if colonels
were present. No right is claimed by the President to require the
Governors of the States to aid in this mode of raising an army, but
it was supposed a request would be followed by co-operation. If,
therefore, instead of companies you prefer to tender regiments, organ-
ized by yourself, so be it, and I hope your preference will cause no
delay or loss of efficiency from pursuing that plan. The appointing
power is one the exercise of which is far from desirable with the
President, and in this, as in other things, I doubt not he will endeavor
to harmonize his views with yours as far as the laws will permit, to the
end that the public service will be promoted by cordial co-operation.
In my previous letter making requisition for 3,000 men I requested
that you would indicate the location of the camps of instruction.
When this is done a quartermaster and commissary will be appointed
for each camp, and officers will be detailed to take charge of them.
Without promising such persons as you may suggest for quarter-
masters and commissaries will be appointed, I nevertheless request
that you will name such persons as in your opinion are suitable for
those positions.

I have the honor to be, very respectfully, j^our obedient servant,

L. P. WALKER.

Headquarters,
New Orleans, Juhj 11, 1861.
His Excellency Jefferson Davis,

President Confederate States:
Sir : I have received through the Secretary of War the requisition
for 3,000 troops, to be furnished in companies and to be placed in
camps of instruction. About the same time I received his request to
be furnished with two additional regiments for service in our Missis-
sippi Valley. Our Ninth Regiment will leave to-day and on the 13th
for Richmond, under conunand of Col. Richard Taylor, and, with the
battalions of Dreux, of the Zouaves, Wheat's, and Walton's artillery,
make about 10,000 men. This does not include one regiment at
Pensacola, or that of artillery at the forts l)elow the city, nor that
recently furnished to General Twiggs for service on our coast. Besides

CONFEDERATE AUTHORITIES. 445

these troops there are several independent companies from this State
now in Virginia, and General Tochman's brigade here, which have
been tendered to and received by the Secretary of War; and in addi-
tion to these, advertisements have within a day or two been inserted
in our newspapers by one Colonel Miller and others, announcing that
he (or they) have authority from Your Excellency to raise new regi-
ments. I have to represent to Your Excellency that the formation of
these independent companies, battalions, and regiments interferes
very materially with me in complying with the Secretary's requisition.
I shall have no difiQculty in supplying the two regiments now asked
for, but I believe it to be utterly impossible to raise and put in camp
the 3,000 for instruction if volunteers have the alternative of tender-
ing themselves to and of being received into active service by the
Secretary of War. I respectfully call your early attention to this
matter and hope you will give it due consideration.

I am, with great respect, your obedient servant,

THO. O. MOORE.

A TREATY of friendship and alliance, made and concluded at the North Fork
Village, on the North Fork of the Canadian River, in the Creek Nation, west
of Arkansas, on the twelfth day of Jtdy, A. D. one thousand eight hundred and
sixty-one, between the Confederate States of America, by Albert Pike, commis-
sioner with plenary powers, of the Confederate States, of the one part, and
the Choctaw Nation of Indians, by Robert M. Jones, Sampson Folsom, Forbis
Leflore, George W. Harkius, jr., Allen Wright, Alfred Wade, Coleman Cole,
James Riley, Rufus Folsom, William B. Pitchlynn, McKee King, William King,
John P. Timibull, and William Bryant, commissioners appointed by the prin-
cipal chief of the said Choctaw Nation, in pursuance of an act of the Legis-
lature thereof, and the Chickasaw Nation of Indians, by Edmund Pickens,
Holmes Colbert, James Gamble, Joel Kemp, William Kemp, Winchester Col-
bert, Henry C. Colbert, James N. McLish, Martin W. Allen, John M. Johnson,
Samuel Colbert, Archibald Alexander, Wilson Frazier, Christopher Columbus,
A-sha-lah Tobbe, and John E. Anderson, commissioners elected by the Legisla-
ture of the said Chickasaw Nation, of the other part.

The Congress of the Confederate States of America having, by "An
act for the protection of certain Indian tribes," approved the twenty-
first day of May, A. D. one thousand eight hundred and sixty-one,
offered to assume and accept the protectorate of the several nations
and tribes of Indians occupying the country west of Arkansas and
Missouri, and to recognize them as their wards, subject to all the
rights, privileges, and immunities, titles, and guarantees with each of
said nations and tribes under treaties made with them by the United
States of America; and the Choctaw and Chickasaw Natfons of Indians
having each assented thereto, upon certain terms and conditions:

Now, therefore, the said Confederate States of America, by Albert
Pike, their commissioner, constituted by the President, under author-
ity of the act of Congress in their behalf, with plenary powers for
these pui-poses, and the Choctaw and Chickasaw Nations, by their
respective commissioners aforenamed, have agreed to the following
articles, that is to say:

Article I. There shall be perpetual peace and friendship and an
alliance, offensive and defensive, between the Confederate States of
America and all of their States and people and the Choctaw and
Chickasaw Nations and all the people thereof.

Art. II. The Choctaw and Chickasaw Nations of Indians acknowl-
edge themselves to be under the protection of the Confederate States
of America, and of no other power or sovereign whatever; and do

446 CORRESPONDENCE, ETC.

hereby stipulate and agree with them that they will not hereafter, nor
:sliall any one of their people, contract any alliance, or enter into any
'compact, treaty, or agreement with any individual State or with a
:^oreign power; and the said Confederate States do hereby assume
;and accept the said protectorate, and recognize the said Choctaw and
Chickasaw Nations as their wards; and by the consent of the said
Choctaw and Chickasaw Nations, now here freely given, the country
whereof they are proprietors in fee, as the same is hereinafter
described, is annexed to the Confederate States in the same manner
and to the same extent as it was annexed to the United States of
America before that Government was dissolved, with such modifica-
tions, however, of the terms of annexation, and upon such conditions
as are hereinafter expressed, in addition to all the rights, privileges,
immunities, titles, and guarantees with or in favor of the said nations,
under treaties made with them, and under the statutes of the United
States of America.

Art. III. The Confederate States of America having accepted the
said protectorate, hereby solemnly promise the said Choctaw and
Chickasaw Nations never to desert or abandon them, and that under
no circumstances will they permit the Northern States or any other
enemy to overcome them and sever the Choctaws and Chickasaws
from the Confederacy; but that they will, at any cost and all hazards,
protect and defend them and maintain unbroken the ties created by
identity of interests and institutions, and strengthened and made
perpetual by this treaty.

Art. IV. The following shall constitute and remain the boundaries
of the Choctaw and Chickasaw country, that is to say: Beginning at
a point on the Arkansas River 100 paces east of old Fort Smith,
where the western boundary line of the State of Arkansas crosses
that river, and running thence to Red River by the line between the
State of Arkansas and the Choctaw and Chickasaw country, as the
same was resurveyed and marked under the authority of the United
States, A. D. one thousand eight hundred and fifty-five; thence up
Red River to the point where the meridian of 100 degrees west longi-
tude crosses the same ; thence north along said meridian to the main
Canadian River; thence down said river to its junction with the
Arkansas River; thence down said river to the place of beginning.
The boundaries of the said country, on the north and on the south,
between the said east and west lines being the same in all respects,
with all riparian and other rights and privileges, as they were fixed,
created, and continued by the treaties of the eighteenth day of October,
A. D. one thousand eight hundred and twenty, and of the twenty-
seventh day of September, A. D. one thousand eight hundred and
thirty.

Art. V. It is hereby agreed by and between the Choctaw and
Chickasaw Nations that the boundaries of the Chickasaw country
shall hereafter continue to be as follows, that is to say : Beginning on
the north bank of Red River, at the mouth of Island Bayou, where it
empties into Red River, about twenty-six miles on a straight line,
below the mouth of False Washita; thence running a northwesterly
course along the main channel of said bayou to the junction of the
three prongs of said bayou nearest the dividing ridge between the
Washita and Low Blue Rivers, as laid down on Capt. R. L. Hunter's
map; thence northerly along the eastern prong of Island Bayou to its
source; thence due north to the Canadian River; thence west along
the main Canadian to the ninetv-eisrhth degree of west longitude;

CONFEDERATE AUTHORITIES. 447

thence south to Red River, and thence down Red River to the begin-
ning: Provided, however. If the line running due north from the
eastern source of Island Bayou to the main Canadian shall not
include Allen's or Wa-pa-nacka Academy within tlie Chickasaw
district, then an offset shall be made from same line so as to leave
said academy two miles within the Chickasaw district, north, west,
and south from the lines of boundary.

Art. VI. The remainder of the country held in common by the
Choctaws and Chickasaws, including the leased district, shall consti-
tute the Choctaw district, and their officers and people shall at all
times have the right of safe conduct and free passage through the
Chickasaw district.

Art. VII. The Choctaw and Chickasaw Nations hereby give their
full, free, and unqualified assent to those provisions of the act of Con-
gress of the Confederate States of America entitled "An act for the
protection of certain Indian tribes," approved the twenty-first day of
May, A. D. one thousand eight hundred and sixty -one, whereby it was
declared that all reversionary and other interest, right, title, and pro-
prietorship of the United States in, unto, and over the Indian country
in which that of the said nations is included, should pass to and vest
in the Confederate States; and whereby the President of the Confed-
erate States was authorized to take military possession and occupation
of all said country, and whereby all the laws of the United States,
with the exception thereinafter made, applicable to and in force in
said country, and not inconsistent with the letter or spirit of any treaty
stipulations entered into with the Choctaw and Chickasaw Nations,
among otliers were re-enacted, continued in force, and declared to be
in force in said country, as laws and statutes of the said Confederate
States : Provided, however, And it is hereby agreed between the said
parties that Avhatever in the said laAvs of the United States contained
is or may be contrary to or inconsistent with any article or provision
of this treaty is to be of none effect henceforward, and shall, upon the
ratification hereof, be deemed and taken to have been repealed and
annulled as of the present date, and this assent, as thus qualified
and conditioned, shall relate to and be taken to have been given upon
the said day of the approval of the said act of Congress.

Art. VIII. The Confederate States of America do hereby solemnly
guarantee to the Choctaw and Chickasaw Nations, to be held by them
to their own use and behoof in fee simple forever, the lands included
within the boundaries defined in Article IV of this treaty; to be held
by the people of both the said nations in common, as they have here-
tofore been held, so long as grass shall grow and water run, if the
said nations shall so please, but with power to survey the same, and
divide it into sections and other legal subdivisions when it shall be so
voted by a majority of the legal voters of each nation, respectively ;
and of making partition thereof and disposition of parcels of the same
by virtue of the laws of both said nations, duly enacted; by which
partition or sale title in fee simple absolute shall vest in parceners
and purchasers whenever it shall please both nations of their own free
will and accord and without solicitation from any quarter to do so;
which solicitation the Confederate States hereby solemnly agree never
to use ; and the title and tenure hereby guaranteed to the said nations
is and shall be subject to no other conditions, reservations, or restric-
tions whatever than such as are hereinafter specially expressed.

Art. IX. None of the lands hereby guaranteed to the Choctaw and
Chickasaw Nations shall be sold, ceded, or otherwise disposed of to

448 CORRESPONDENCE, ETC.

any foreign nation or to any State or government wliatever; and in
case any such sale, cession, or disposition should be made without the
consent of the Confederate States, all the said lands shall thereupon
revert to the Confederate States.

Art. X. The Confederate States of America do hereby solemnly
agree and bind themselves thai no State or Territory shall ever pass
laws for the government of the Choctaw and Chickasaw Nations, and
that no portion of the country guaranteed to them shall ever be
embraced or included within or annexed to any territory or province;
nor shall any attempt ever be made, except upon the free, voluntary,
and unsolicited application of both said nations, to erect their said
countrj'^, by itself or with any other, into a State or any other terri-
torial or political organization, or to incorporate it into any State pre-
viously created.

Art. XI. The lease made to the United States by the treaty of the
twenty-second day of June, A. D. one thousand eight hundred and
fifty-five, by the Choctaw and Chickasaw Nations of all that portion
of their common territory which lies west of the ninety-eighth par-
allel of west longitude is hereby renewed to the Confederate States,
but for the term of ninety-nine years only from the date of this treaty;
and it is agreed that the Confederate States may settle and maintain
therein, upon reserves with definite limits, but of sufficient extent,
aU the bands of the Wichitas or Fa-wai-hash, Iluecos, Caddos, Fa-
hua-cu-ros, Ana-dagh-cos, Kichais, Ton-ca-wes, lonais, Comanches,
Delawares, Kickapoos, and Shawnees, and any other bands whose
permanent ranges are south of the Canadian, or between it and the
Arkansas, and which are now therein or that they may desire here-
after to place therein, but not including any of the Indians in New
Mexico nor any other bands than those included in the above speci-
fication and description, without the consent of both the Choctaw and
Chickasaw Nations : Provided, And it is hereby further agreed that
whenever the said Choctaw and Chickasaw Nations become a State
the reserves so apportioned to the said several bands shall belong to
them in fee, not exceeding, however, for each band the same quantity
of good land as would belong, upon a partition of the lands of the two
nations, to an equal number of Choctaws and Chickasaws in the whole
country; and when the said bands consent to a partition among
themselves each individual shall have and receive in fee within the
said leased countrj' as large a quantity of good land as shall or would
be apportioned to each Choctaw or Chickasaw in partition of all the
national lands, with the right, however, now and in all future time,
to the said several bands so settled or to be settled in said leased
district to hunt upon all the vacant and unoccupied' parts of the same
without let or molestation.

Art. XII. It is hereby further agreed between the parties to this
treaty that the Indians so settled upon reserves in the country so
leased shall be, until they are capable of self-government, or until they
shall be, with their own consent, incorporated among the Choctaws
and Chickasaws, subject to the laws of the Confederate States and to
their exclusive control, under such rules and regulations, not incon-
sistent with the rights and interests of the Choctaws and Chickasaws,
or with the Constitution and laws of the Confederate States, as may
from time to time be prescribed by the President for their government :
Provided, however, That the country so leased shall continue open to
settlement by the Choctaws or Chickasaws as heretofore; and all

CONFEDERATE AUTHORITIES. 449

members of each nation settled therein shall be subject to the juris-
diction and laws of the Choctaw Nation, except as hereinafter pro-
vided; for which purpose the said leased district may be a district of
that nation ; but no interference with or trespass upon the settlements
or improvements of the reserve Indians shall be permitted under any
pretext whatever; nor shall any of the laws of either the Choctaw or
Chickasaw Nations be in force in said leased country, except so far as
those of the Choctaw Nation can, without infraction of this treaty,
apply to the members of either nation residing in the district in
question.

Art. XIII. All navigable streams of the Confederate States and of
the Indian country shall be free to the people of the Choctaw and
Chickasaw Nations, who shall pay no higher toll or tonnage duty or
other duty than the citizens of the Confederate States ; and the citi-
zens of those nations living upon Red River shall have, possess, and
enjoy upon that river the same ferry privileges, to the same extent,
in all respects, as citizens of the Confederate States on the opposite
side thereof, subject to no other or a different tax or charge than they.

Art. XIV. So far as may be compatible with the Constitution of
the Confederate States and with the laws made, enacted, or adopted
in conformity thereto regulating trade and intercourse with the Indian
tribes, as the same are limited and modified by this treaty, the Choc-
taw and Chickasaw Nations shall possess the otherwise unrestricted
right of self-government and full jurisdiction, judicial and otherwise,
over persons and property within their respective limits, excepting
only such white persons as are not, by birth, adoption, or otherwise,
members of either the Choctaw or Chickasaw Nation; and that there
may be no doubt as to the meaning of this exception it is hereby
declared that every white person who, having married a Choctaw or
Chickasaw woman, resides in the said Choctaw or Chickasaw country,
or who, without intermarrying, is permanently domiciled therein with
the consent of the authorities of the nation, and votes at elections, is
to be deemed and taken to be a member of the said nation within the
true Intent and meaning of this article; and that the exception con-
tained in the laws for the punishment of offenses committed in the
Indian country, to the effect that they shall not extend or apply to
offenses committed by one Indian against the person or property of
another Indian, shall be so extended and enlarged by virtue of this,
article when ratified, and without further legislation, as that none of
said laws shall extend and apply to any offense committed by any
Indian, or negro, or mulatto, or by any white person so by birth,
adoption, or otherwise a member of such Choctaw op Chickasaw
Nation against the person or property of any Indian, negro, mulatto,
or any such white person, when the same shall be committed within
the limits of the said Choctaw or Chickasaw Nation as hereinbefore
defined ; but all such persons shall be subject to the laws of the Choc-
taw and Chickasaw Nations, respectively, and to prosecution and
trial before their tribunals, and to punishment according to such laws,
in all respects like native members of the said nations, respectively.

Art. XV. All persons not members of the Choctaw or Chickasaw
Nation who may be found in the Choctaw and Chickasaw country as
hereinbefore limited shall be considered as intruders, and be removed
and kept out of the same, either by the civil officers of the nation,
under the direction of the Executive or Legislature, or by the agent of
the Confederate States for the nation, who shall be authorized to
29 R R— SERIES IV, VOL I

450 CORRESPONDENCE, ETC.

demand, if necessary, the aid of the military for that purpose, with
the following exceptions only, that is to say: Such individuals, with
their families, as may be in the employment of the Government of the
Confederate States; all persons peaceably traveling or temporarily
sojourning in the country, or trading therein under license from the
proper authority; and such persons as may be permitted by the Choc-
taws or Chickasaws, with the assent of the agent of the Confederate
States, to reside within their respective limits without becoming mem-
bers of either of said nations.

Akt. XVI. A tract of two sections of land in each of said nations,
to be selected by the President of the Confederate States, at such
points as he may deem most proper, including, if he pleases, the pres-
ent site of the agency in each nation, is hereby ceded to the Confed-
erate States; and when selected shall be within their sole and exclusive
jurisdiction: Provided, That whenever the agency for either nation
shall be discontinued the tract so selected therein shall revert to the
said Choctaw and Chickasaw Nations, with all the buildings that may
then be thereon : And provided also, That the President may at any
time, in his discretion, select in lieu of either said reserves any unoc-
cupied tract of land in the same nation, and in any other part thereof,
not greater in extent than two sections, as a site for the agency for
such nation, which shall in such case constitute the reserve, and that
first selected shall thereupon revert to the Choctaw and Chickasaw
Nations.

Art. XVII. The Confederate States shall have the right to build,
establish, and maintain such forts and military posts, temporary or
permanent, and such military and post roads as the President may
deem necessary within the Choctaw and Chickasaw country; and the
quantity of one mile square of land, including each fort or post, shall
be reserved to the Confederate States, and within their sole and exclu-
sive jurisdiction, so long as such fort or post is occupied; but no
greater quantity of land beyond one mile square shall be used or
occupied, nor any greater quantity of timber felled than of each is
actually requisite; and if, in the establishment of such fort, post, or
road, or of the agency, the property of any individual member of the
Choctaw or Chickasaw Nation, or any property of either nation, other
than land, timber, stone, and earth, be taken, destroyed, or injured,
.just and adequate comjjcnsation shall be made by the Confederate
States.

Art. XVIII. The Confederate States, or any company incorporated
by them, or any one of them, shall have the right of way for railroads
or telegraph lines through the Choctaw and Chickasaw country; but
in the case of any incorporated company, it shall have such right of
way only upon such terms and payment of such amount to the Choc-
taw and Chickasaw Nations as may be agreed on between it and the
National Councils thereof; or, in case of disagreement, by making full
compensation not only to individual parties injured, but also to the
nation for the right of way; all damage and injury done to be ascer-
tained and determined in such manner as the President of the Confed-
erate States shall direct. And the right of way granted by said nations
for any railroad shall be perpetual, or for such shorter term as the
same may be granted, in the same manner as if no reversion of their
lands to the Confederate States were provided for in case of abandon-
ment by them or extinction of their nation.

Art. XIX. No person shall settle, farm, or raise stock within the
limits of any post or fort, or of either agency, except such as are or

CONFEDERATE AUTHORITIES. 451

may be in the employment of the Confederate States in some civil or
military capacity; or such as, being subject to the jurisdiction and
laAvs of the Choctaw or Chickasaw Nation, are permitted by the com-
manding officer of the fort or post to do so thereat, or by the agent to
do so upon the agency reserve.

Art. XX. An agent of the Confederate States for the Choctaw and
Chickasaw Nations and an interpreter for each shall continue to be
appointed. The interpreters shall reside at their respective agencies,
and the agent at one of them, or alternately at each. And whenever
a vacancy shall occur in either of the said offices the authorities of
the nation shall be consulted as to the person to be appointed to fill
the same, and no one shall be appointed against whom they protest;
and the agent may be removed on petition and formal charges pre-
ferred by the constituted authorities of the nation, the President
being satisfied, upon full investigation, that there is sufficient cause
for such removal.

Art. XXI. The Confederate States shall protect the Choctaws and
Chickasaws from domestic strife, from hostile invasion, and from
aggression by other Indians and white persons not subject to the
jurisdiction and laws of the Choctaw or Chickasaw Nation; and for
all injuries resulting from such invasion or aggression full indemnity
is hereby guaranteed to the party or parties injuried, out of the
Treasury of the Confederate States, upon the same principle and
according to the same rules upon which white persons are entitled to
indemnity for injuries or aggressions upon them committed by Indians.

Art. XXII. It is further agreed between the parties that the agent
of the Confederate States upon the application of the authorities of
the Choctaw and Chickasaw Nations will not only resort to every
proper legal remedj', at the expense of the Confederate States, to pre-
vent intrusion upon the lands of the Choctaws and Chickasaws, and
to remove dangerous or improper persons, but he shall call upon the
niilitarj- power, if necessarj'; and to that end all commanders of mili-
tarj' posts in the said country shall be required and directed to afford
him, upon his requisition, whatever aid maybe necessary to effect the
purposes of this article.

Art. XXIII. If any property of any Choctaws or Chickasaws be
taken by citizens of the Confederate States by stealth or force, the
agent, on complaint made to him in due form, by affidavit, shall use
all proper legal means and remedies, in any State where the offender
may Ix; found, to regain the property or compel a just remxineration,
and on failure to procure redress payment shall be made for the loss
sustained, by the Confederate States, upon the report of the agent,
wlio sliall have power to take testimony and examine witnesses in
regard to the wrong done and the extent of the injury.

Art. XXIV. No person shall be licensed to trade with the
Choctaws and Cliickasaws except by the agent, and with the advice
and consent of the National Council. Every such trader shall execute
bond to the Confederate States in such form and manner as was
required by the United States, or as may be required by the Bureau
of Indian Affairs. The authorities of the Choctaw and Chickasaw
Nations may, by a general law, duly enacted, levy and collect on all
licensed traders in the nation a tax of not more than one-half of one
per cent, on all goods, wares, and merchandise brought by them into
the Choctaw and Chickasaw countiy for sale, to be collected when-
ever such goods, wares, and merctliandise are introduced, and esti-
mated upon the first cost of the same at the place of purchase, as the

452

same shall be shown by the copies of the invoices filed with the agent:
Provided, That no higher tax sliall be levied and collected than is
actually levied and collected in the same year of native traders in the
nation; nor shall one be taxed at all unless the others are. No appeal
shall hereafter lie from the decision of the agent or council refusing
a license to the Commissioner of Indian Affairs or elsewhere, except
only to the superintendent, in case of refusal by the agent. And no
license shall be required to authorize any member of the Choctaw or
Chickasaw Nation, who is by birth and blood an Indian, to trade in
the Choctaw and Chickasaw country; nor to authorize any person to
sell flour, meat, fruits, and other provisions, or stock, wagons, agri-
cultural implements, or arms brought from any of the Confederate
. States into tlie country; nor shall any tax be levied upon such articles
or the proceeds of sale thereof. And all other goods, wares, and
merchandise exposed to sale by a person not qualified, without a
license, shall be forfeited and be delivered and given to the authori-
ties of the nation, as also shall all wines and liquors illegally
introduced.

Art. XXV. All restrictions contained in any treaty made with the
United States, or created by any law or regulation of the United
States, upon the unlimited right of any member of the Choctaw or
Chickasaw Nation to sell and dispose of, to any person whatever, any
chattel or other article of personal property are hereby removed, and
no such restrictions shall hereafter be imposed except by their own
legislation.

Art. XXVI. It is hereby further agreed by the Confederate States
that all the members of the Choctaw and Chickasaw Nations as here-
inbefore defined shall be henceforward competent to take, hold, and
pass, by purchase or descent, lands in any of the Confederate States
heretofore or hereafter acquired by them.

Art. XXVII. In order to enable the Choctaw and Chickasaw Nations
to claim their rights and secure their interests without intervention of
agents or counsel, and as they are now entitled to reside in the country
of each other, they shall be jointly entitled to a Delegate to the House
of Representatives of the Confederate States of America, who shall
serve for the term of two years and be a member, by birth or blood,
on either the father's or mother's side, of one of said nations, over
twenty-one years of age, and laboring under no legal disability by the
laws of either nation; and such Delegate shall be entitled to the same
rights and privileges as may be enjoyed by Delegate from any Terri-
tory of the Confederate States. The first election for Delegate shall
be held at such time and places and be conducted in siich manner as
shall be prescribed by the agent ot the Confederate States, to whom
returns of such election shall be made; and he shall declare the per-
son having the greatest number of votes to be duly elected, and give
him a certificate of election accordingly, which shall entitle him to
his seat. For all subsequent elections the times, places, and manner
of holding them, ascertaining and certifying the result, shall be pre-
scribed by law of the Confederate States. The Delegates shall be
elected alternately from each nation, the first being a Choctaw, by
blood, on either the father's or mother's side, and resident in the
Choctaw country, and the second a Chickasaw, by blood, on either
the father's or mother's side, and resident in the Chickasaw country,
and so on alternately. At the respective elections such persons only
as fulfill the foregoing requisites shall be eligible, and when one is
elected to fill a vacancy and serve out an unexpired term he must

CONFEDERATE AUTHORITIES. 453

belong to and be a resident in the same nation as the person whose
vacancy he fills.

Akt. XXVIII. In consideration of the uniform loyalty and good
faith and the tried friendship for the people of the Confederate States
of the Choctaw and Chickasaw people, and of their fitness and capacity
for self-government, proven by the establishment and successful main-
tenance by each of a regularly organized republican government, with
all the forms and safeguards to which the people of the Confederate
States are accustomed, it is hereby agreed by the Confederate States
that whenever and so soon as the people of each of said nations shall,
by ordinance of a convention of delegates, duly elected by majorities
of the legal voters, at an election regularly held after due and ample
notice, in pursuance of an act of the Legislature of each, respectively,
declare its desire to become a State of the Confederacy, the whole
Choctaw and Chickasaw country as above defined shall be received
and admitted into the Confederacy as one of the Confederate States,
on equal terms in all respects with the original States, without regard
to population ; and all the members of the Choctaw and Chickasaw
Nations shall thereby become citizens of the Confederate States, not
including, however, among such members the individuals of the bands
isettled in the leased district aforesaid : Provided, That as a condition
precedent to such admission the said nations shall provide for the
survey of their lands, the holding in severalty of parts thereof by their
people, the dedication of at least one section in every thirty-six to
purposes of education, and the sale of such portions as are not
reserved for these or other special purposes to citizens of the Confed-
erate States alone, on such terms as the said nation shall see fit to fix,
not intended or calculated to prevent the sale thereof.

Art. XXIX. The proceeds of such sales shall belong entirely to
members of the Choctaw and Chickasaw Nations, and be distributed
among them or invested for them in proportion to the whole popula-
tion of each in such manner as the Legislatures of said nations shall
provide ; nor shall any other persons ever have any interest in the
annuities or funds of either the Choctaw or Chickasaw people, nor
any power to legislate in regard thereto.

Art. XXX. Whenever the desire of the Creek and Seminole people
and the Cherokees to become a part of the said State shall be
expressed, in the same manner and with the same formalities as is
above provided for in the case of the Choctaw and Chickasaw people,
the country of the Creeks and Seminoles and that of the Cherokees,
respectively, or either by itself, may be annexed to and become an
integral part of said State upon the same conditions and terras and
with the same rights to the people of each in regard to citizenship
and the proceeds of their lands.

Art. XXXI. The Choctaw and Chickasaw Nations may, by joint
act of their legislative authorities, receive and incorporate in either
nation as members thereof, or permit to settle and reside upon the
national lands, such Indians of any other nation or tribe as to them
may seem good; and each nation alone shall determine who are mem-
bers and citizens of the nation entitled to vote at elections and share
in annuities : Provided, That when persons of another nation or tribe
shall once have been received as members of either nation they shall
not be disfranchised or subjected to any other restrictions upon the
right of voting than such as shall apply to the Choctaws or Chicka-
saws themselves. But no Indians, other than Choctaws and Chicka-
saws, not settled in the Choctaw and Chickasaw country shall be

454 CORRESPONDENCE, ETC.

permitted to come therein to reside without the consent and permis-
sion of the legislative authority of each nation.

Art. XXXII. If any citizen of the Confederate States or any other
person, not being permitted to do so by the authorities of either of
said nations or authorized by the terms of this treaty, shall attempt to
settle upon any lands of said nation, he shall foi-feit the protection of
the Confederate States, and such punishment may be inflicted upon
him, not being cruel, unusual, or excessive, as may have been pre-
viously prescribed by the law of said nation.

Art. XXXIII. No citizen or inhabitant of the Confederate States
shall pasture stock on the lands of the Choctaw or Chickasaw Nation;
but their citizens shall be at liberty at all times, and whether for
business or pleasure, peaceably to travel the Choctaw and Chickasaw
country, to drive their stock through the same, and to halt such rea-
sonable time on the way as may be necessary to recruit their stock,
such delay being in good faith for that purpose and for no other; and
members of the Choctaw and Chickasaw Nations shall have the same
rights and privileges under the same and no other restrictions and
limitations in each of the Confederate States.

Art. XXXIV. If any person hired or employed by the agent, or by
any other person whatever, within the agency reserve, or any post or
fort, .shall violate the laws of the nation in such manner as to become
an unfit person to continue in the Choctaw or Chickasaw country, he
or she shall be removed by the superintendent upon the application of
the Executive of the nation in which such person is, the superintendent
being satisfied of the truth and sufficiency of the charges preferred.

Art. XXXV. The officers and people of the Choctaw and Chickasaw
Nations, respectively, shall at all times have the right of safe conduct
and free passage through the lands of each other; and the members
of each nation shall have the right freely, and without seeking license
or permission, to settle within the country of the other, and shall
thereupon be entitled to all the rights, privileges, and immunities of
members thereof, including the right of voting at all elections and of
being deemed qualified to hold all offices whatever, except that no
Choctaw shall be eligible in the Chickasaw Nation to the office of Chief
Executive or to the Legislature : 'And provided also, That no member
of either nation shall be entitled to participate in any funds belonging
to the other. Members of each nation shall have the right to institute
and prosecute suits in the courts of the other, under such regulations
as may from time to time be prescribed by their respective Legislatures.

Art. XXXVI. Any person duly charged with a criminal offense
against the laws of either the Choctaw or Chickasaw Nation, and escap-
ing into the jurisdiction of the other, shall be promptly surrendered
upon the demand of the proper authority of the nation within whose
jurisdiction the offense shall be alleged to have been committed.

Art. XXXVII. The Choctaw and Chickasaw Nations shall promptly
deliver up all persons accused of any crime against the laws of the
Confederate States, or any State thereof, who may be found within
their limits, on the demand or requisition of the Executive of a State,
or the Executive or other proper officer of the Confederate States; and
each of the Confederate States shall, on the like demand or requisi-
tion of the Executive of the Choctaw and Chickasaw Nation, promptly
deliver up all persons accused of any crime against the laws of such
nation who may be found within their limits.

Art. XXXVIII. In order to secure the due enforcement of so much
of the laws of the Confederate States in regard to criminal offenses

CONFEDERATE AUTHORITIES. 455

and misdemeanors as is or may be in force in the said Choctaw and
Chickasaw countrj', and to prevent the Choctaws and Chickasaws from
being further harassed by judicial proceedings had in foreign courts
and before juries not of the vicinage, the said country is hereby erected
into and constituted a judicial district of the Confederate States to be
called the Tush-ca-hom-ma district, for the special purposes and juris-
diction hereinafter provided; and there shall be created and semi-
annually held, within such district, at Boggy Depot, a district court
of the Confederate States, with the powers of a circuit court so far as
the same shall be necessary to carry out the provisions of this treaty,
and with jurisdiction coextensive with the limits of such district in
such matters, civil and criminal, to such extent and between such
parties as may be prescribed by law and in conformity to the terms of
this treaty.

Art. XXXIX. In addition to so much and such parts of the acts
of Congress of the United States enacted to regulate trade and inter-
course with Indian tribes, and to preserve peace on the frontiers, as
have been re-enacted and continued in force by the Confederate
States, and as ai-e not inconsistent with the provisions of this treaty,
so much of the laws of the Confederate States as provides for the
punishment of crimes amounting to felony at common law or by
statute against the laws, authority, or treaties of the Confederate
States, and over which the courts of the Confederate States have
jurisdiction, including the counterfeiting the coin of the United
States or of the Confederate States, or the securities of the Confed-
erate States, and so much of said laws as provides for punishing
violators of the neutrality laws, and resistance to the process of the
Confederate States, and all the acts of the Provisional Congress pro-
viding for the common defense and welfare, so far as the same are
not locally inapplicable, shall hereafter be in force in the Choctaw
and Cliickasaw country; and the said district court shall have exclu-
sive jurisdiction to try, condemn, and punish offenders against any
such laws, to adjudge and pronounce sentence, and cause execution
thereof to be done in the same manner as is done in any other district
courts of the Confederate States.

Art. XL. The said district court of the Confederate States of
America for the district of Tush-ca-hom-ma shall also have the same
admiralty jurisdiction as other district courts of the Confederate
States; and jurisdiction in all civil suits for fines, penalties, and for-
feitures of the Confederate States against any person or persons what-
ever residing or found within the district; and in all civil suits at law
or in equity, whcii the matter in controversy is of greater value than
SoOO, between a citizen or citizens of any State or States of the Con-
federate States, or any Territory of the same, or an alien or aliens
and a citizen or citizens of the said district, or person or persons,
residing tlierein; and the Confederate States will, by suitable enact-
ments, provide for the appointment of a judge and other proper
officers of the said court, and make all necessary enactments and
regulations for the complete establishment and organization of the
same and to give full effect to its proceedings and jurisdiction.

Art. XLI. The trial of all offenses, amounting to felony at com-
mon law or by statute, committed by an Indian of any one of the
tribes or bands settled in the leased district aforesaid against the per-
son or property of a member of the Choctaw or Chickasaw Nation,
or by one of the latter against the person or property of one of the
former, shall be had in the district court of the Confederate States

456 COERESPONDENCE, ETC.

hereby provided for; and until such court is established, in the dis-
trict court of the Confederate States for the district, or for the
western district of Arkansas.

Art. XLII. The district court shall have no jurisdiction to try and
punish any person for any offense committed prior to the day of the
signing of this treaty; nor shall any action in law or equity be main-
tained therein except by the Confederate States or one of them, where
the cause of action shall have accrued more than three years before
the same day of the signing hereof, or before the bringing of the suit.

Art. XLIII. All persons who are members of the Choctaw or
Chickasaw Nation, and are not otherwise disqualified or disabled,
shall hereafter be competent witnesses in all civil and criminal suits
and proceedings in any court in the Confederate States, or any one of
the States, any law to the contrary notwithstanding.

Art. XLIV. Whenever any person, who is a member of the Choc-
taw or Chickasaw Nation, shall be indicted for any offense in any
court of the Confederate States, including the district court of the
Tush-ca-hom-ma district, or in a State court, he shall be entitled, as
of common right, to subpoena and, if necessary, compulsory process
for all such witnesses in his behalf as his counsel may think material
for his defense; and the costs of process for such witnesses, and of
service thereof, and the fees and mileage of such witnesses, shall be
paid by the Confederate States, being afterward made, if practicable,
in case of conviction, out of the property of the accused. And when-
ever the accused is not able to employ counsel, the court shall assign
him one experienced counsel for his defense, who shall be paid by the
Confederate States a reasonable compensation for his services, to be
fixed by the court and paid upon the certificate of the judge.

Art. XLV. The provisions of all such acts of Congress of the Con-
federate States as may now be in force or as may hereafter be enacted,
for the purpose of carrying into effect the provision of the Constitu-
tion in regard to the redelivery or return of fugitive slaves or fugitives
from labor and service, shall extend to and be in full force within the
said Choctaw and Chickasaw Nations; and shall also apply to all
cases of escape of fugitive slaves from the Choctaw and Chickasaw
Nations into any other Indian nation, or into one of the Confederate
States, the obligation upon each such nation or State to redeliver such
slaves being in every case as complete as if they had escaped from
another State, and the mode of procedure the same.

Art. XLVI. The official acts of all judicial officers in the said
nations shall have the same effect and be entitled to like faith and
credit everywhere, as like acts of judicial officers of the same grade
and jurisdiction in any one of the Confederate States; and the pro-
ceedings of the courts and tribunals of the said nations, and the
copies of the laws and judicial and other records of the said nations,
shall be authenticated like similar proceedings of the courts of the
Confederate States, and the laws and office records of the same, and
be entitled to the like faith and credit.

Art. XLVII. It is hereby declared and agreed that the institution
of slavery in the said nations is legal, and has existed from time
immemorial; that slaves are taken and deemed to be personal prop-
erty; that the title to slaves and other property having its origin in
the said nations shall be determined by the laws and customs thereof;
and that the slaves and other personal property of every person
domiciled in said nations shall pass and be distributed at his or her
death in accordance with the laws, usages, and customs of the said

CONFEDERATE AUTHORITIES. 457

nations, which may be proved like foreign laws, usages, and customs,
and shall everywhere be held valid and binding within the scope of
their operation.

Art. XLVIII. It is further agreed that the Congress of the Confed-
erate States shall establish and maintain post-offices at the most
important places in the Choctaw and Chickasaw Nations, and cause
the mails to be regularly carried, at reasonable intervals, to and from
the same, at the same rate of postage, and in the same manner as in
the Confederate States.

Art. XLIX. In consideration of the common interests of the Choc-
taw and Chickasaw Nations and the Confederate States, and of the
protection and rights guaranteed to the said nations by this treaty,
the said nations hereby agree that they will raise and furnish a regi-
ment of ten companies of mounted men to serve in the armies of the
Confederate States for twelve months. The company officers of the
regiment shall be elected by the members of each company respec-
tivelj' ; the colonel shall be appointed by the President and the lieu-
tenant-colonel and major be elected by the members of the regiment.
The men shall be armed by the Confederate States, receive the same
pay and allowances as other mounted troops in the service, and not
be marched beyond the limits of the Indian country west of Arkansas
against their consent.

Art. L. It is further agreed by the Confederate States that neither
the Choctaw nor Chickasaw Nation shall ever be called on or required
to pay, in land or otherwise, any part of the expenses of the present
war, or of any war waged by or against the Confederate States.

Art. LI. The Choctaw and Chickasaw Nations hereby agree and
bind themselves at any future time to raise and furnish, upon the
requisition of the President, such number of troops for the defense of
the Indian country and of the frontier of the Confederate States as
he may fix, not out of fair proportion to the number of their inhab-
itants, to be employed for such terms of service as the President may
fix; and such troops shall always receive the same pay and allow-
ances as other troops of the same class in the service of the Confeder-
ate States.

Art. LII. It is further agreed that after the restoration of peace
the Government of the Confederate States will defend the frontiers of
the Indian country of which the Choctaw and Chickasaw country is a
part, and hold the forts and posts therein with native troops, recruited
among the several Indian nations included, under the command of
officers of the Army of the Confederate States, in preference to other
troops.

Art. LIII. It is hereby ascertained and agreed by and between the
Confederate States and the Choctaw Nation that the United States of
America, of which the Confederate States were heretofore a part,
were, before the separation, indebted, and still continue to be indebted,
to the Choctaw Nation, and bound to the punctual payment thereof,
in the following sums annually, on the first day of July of each year;
that is to say :

Perpetual annuities amounting to $9,000, under the second article
of the treaty of the sixteenth day of November, A. D. one thousand
eight hundred and five, and the second article of the treaty of the
twentieth day of January, A. D. one thousand eight hundred and
twenty-five.

The sum of $600 per annum for the support of light horsemen,
under the thirteenth article of the treaty of the eighteenth day of
October, A. D. one thousand eight hundred and twenty.

458 CORRESPONDENCE, ETC.

The sum of $600 per annum, in lieu of the permanent provision for
the support of a blacksmith, and the sum of $320, in lieu of perma-
nent provision for iron and steel, under the sixth article of the said
treaty of the eighteenth day of October, A. D. one thousand eight
hundred and twenty, and the ninth article of the said treaty of the
twentieth day of January, A. D. one thousand eight hundred and
twentj'-five.

The annual interest on the sum of $500,000, held in trust for the
Choctaw Nation by the United States, under the thirteenth article of
the treaty of the twenty-second day of June, A. D. one thousand
eight hundred and fifty-five, which by that article was to be held in
trust for the said nation and to constitute part of a general Choctaw
fund, yielding an annual interest of not less than 5 per cent, per
annum; and no part thereof has been invested in stocks or bonds of
any kind, but remains in the hands of the United States.

And it is hereby ascertained and agreed between the said Confed-
erate States and the Choctaw Nation that there was due to the said
nation on the first day of July, A. D. one thousand eight hundred and
sixty-one, for and on account of these annuities, annual payments,
and interests, the sum of $35,520; that is to say:

For the permanent annuities and other annual payments and allow-
ances then due, $10,520.

For interest on the said sum of $500,000 for the year which ended
on the thirtieth day of June, A. D. one thousand eight hundred and
sixty-one, $25,000.

And it not being desired by the Confederate States that the Choctaw
Nation should continue to receive these annual sums from the Govern-
ment of the United States, or otherwise have any further connection
or communication with that Government and its superintendent and
agents, therefore the Confederate States of America do hereby assume
the payment for the future of all the above-recited annuities, annual
payments, and interest, and do agree and bind themselves regularly
and punctually to pay the same to the treasurer of the said nation, or
to such other person or persons as shall be appointed by the general
council of the Choctaw Nation to receive the same ; and they do also
agree and bind themselves to pay to the treasurer of the said nation,
immediately upon the ratification by all parties of this treaty, the said
sum of $35,520, due on the first day of July of the present year, as
aforesaid.

Art. LIV. And it is further ascertained and agreed between the
Confederate States and the Choctaw Nation that the United States of
America, while the said several Confederate States were included in
the said Union, held, and do continue to hold, in their hands the sum
of $500,000, paid by the Chickasaw Nation to the United States for the
Choctaw Nation under the treaty of the seventeenth day of January,
A. D. one thousand eight hundred and thirty-seven, and which it was
agreed hy that treaty should be invested in some safe and secure
stocks, under the direction of the Government of the United States,
redeemable within a period of not less than twenty years, and the
interest thereon be annually paid to the Choctaw Nation and be sub-
ject to the entire control of the general council; and which sum
having been invested in bonds or stocks of certain States, part or
all whereof are now members of the Confederate States, it was agreed
by the United States, by the thirteenth article of the treaty of the
twenty-second day of June, A. D. one thousand eight hundred and
fifty-five, that the same should continue to be held in trust by the

CONFEDERATE AUTHORITIES. 459

United States and constitute, with certain otlier sums, a general
Choctaw fund, yielding an annual interest of not less than 5 per cent.

And it being further agreed that, in addition to the sums of money-
above mentioned, other moneys were justly due and owing from the
United States of America when the Confederate States were parts
thereof, and still continue due and owing and unpaid to the said
Choctaw Nation, in part appropriated and in part unappropriated, by
the Congress of the United States under existing treaties :

Tlierefore, the Confederate States do hereby assume the duty and
obligation of collecting and paying over as trustees to the said Choctaw
Nation all sums of money accruing, whether from interest or capital
of the bonds of the several States of the Confederacy, or of any bonds
or stocks guaranteed by either of them, now held by the Government
of the United States in trust for tlie Choctaw Nation, and will pay
over to the said nation the said interest and capital as the same shall
be collected. And the said Confederate States will request the several
States ot the Confederacy whose bonds or stocks, or any bonds or
stocks guaranteed by them, are so held to provide, by legislation or
otherwise, that the capital and interest of such bonds or stocks shall
not be paid to the Government of the United States, but to the Govern-
ment of the Confederate States in trust for the Choctaw Nation.

And the said Confederate States do hereby guarantee to the Choctaw
Nation the final settlement and full payment upon and after the
restoration of peace and the establishment and recognition of their
independence, as of debts in good faith and conscience, as well as in
law, due and owing, on good and valuable consideration, by the said
Confederate States and the other of the United States jointly before
the secession of any of the States, of all sums of money that are so as
aforesaid justly due and owing by the late United States under existing
treaties to the Choctaw Nation or people, for itself or in trust for
individuals, and of any sums received by that Government and now
held by it by way of interest on or as part of the capital of any of the
bonds or stocks of any of the States wherein any funds of the Choctaws
had been invested; and do also guarantee to it the final settlement
and full payment at the same period of the capital and interest of all
bonds or stocks of any of the Northern States in which any of the
said Choctaw funds may have been invested.

Art. LV. All the said annuities, annual payments, and interest
and the arrearages thereof shall be applied, under the exclusive
direction of the general council of the Choctaw Nation, to the sup-
port of their government, to the purposes of education, and to such
other objects, for the promotion and advancement of the improve-
ment, welfare, and happiness of the Choctaw people and their descend-
ants, as shall to the general council seem good ; and the capital sums
of 8500,000 each shall be invested or reinvested, after the restoration
of peace, in stocks of the States, at their market price, and in such
as bear the highest rate of interest, or be paid over to the Choctaw
Nation, to be invested by its authorities or otherwise used, applied,
and appropriated, as its Legislature may direct; and the other moneys
due and owing to the said nation, and payment whereof is hereby
guaranteed, shall be used, applied, and appropriated by the Choctaw
Nation in accordance with treaty stipulations, and so as to maintain
unimpaired the good faith of the Choctaw Nation to those for whom
it will thus become trustee. And no department or office of the Gov-
ernment of the Confederate States shall have power to impose any
conditions, limitations, or restrictions on the payment to the said

460 CORRESPONDENCE, ETC.

nation of any of said annual sums or arrearages of the said capital
sums of $500,000 each, or in any wise to control or direct the mode in
which such moneys, when received by the authorities of the nation,
shall be disposed of or expended. Nor shall any appeal lie to any
department, bureau, or offleer of the Confederate States from the
decision of the general council of the Choctaw Nation, or of any
committee, court, or tribunal to which it may commit the adjudica-
tion, by any person or persons from any decision that may be ren-
dered under the twelfth article of tlie treaty of the twenty-second
day of June, A. D. one thousand eight hundred and iifty-flve,
adverse to the justice and equity of any claim presented as one
of those which, under that article, the Choctaw Nation became
liable and bound to pay; but the adjudication and decision of the
Legislature, or of any committee, court, or tribunal to which it may
intrust the investigation or decision, against any such claim shall be
absolutely final.

Art. LVI. It is hereby ascertained and agreed by and between the
Confederate States and the Chickasaw Nation, that the United States
of America, of which the Confederate States were heretofore a part,
were, before the separation, indebted, and still continue to be
indebted, to the Chickasaw Nation, and bound to the punctual pay-
ment thereof, in the following amounts annually, on the first day of
July in each year; that is to say:

Permanent annuity of 83,000 under the act of Congress of the United

States, approved on the day of , A. D. one thousand seven

hundred and ninety.

The annual interest at 6 per cent, on the sum of 1276,781.57, the
amount of so much of the United States 6 per cent, loans in which
the funds of the Chickasaw Nation were invested, under the third and
eleventh articles of the treaty of the twenty-fourth day of May, A. D.
one thousand eight hundred and thirty-four.

And the annual interest at G per cent, on the further sum of $100,000,
the principal of that amount of Ohio 6 per cent, stock, in which part
of the Chickasaw fund had been invested under tlie same articles of
the same treaties, and which was paid into the Treasury of the United
States on the ninth day of January, A. D. one thousand eight hun-
dred and fifty-seven, to the credit of the Treasurer of the United
States, and having been duly covered into the Treasury on fourteenth
day of January in that year, there still remains.

And it is also hereby ascertained and agreed between the said Con-
federate States and the Chickasaw Nation that there was due to the
said nation on the first day of July, one thousand eight hundred and
sixty-one, for and on account of the said annuity and interest, the
sum of $25,606.89.

And it not being desired by the Confederate States that the Chicka-
saw Nation should continue to receive these annual sums from the
Government of the United States, or otherwise have any communica-
tion or connection with that Government, its superintendent, and
agents, therefore the Confederate States of America do hereby assume
the payment for the future of the above-recited annuity and interest,
and do agree and bind themselves regularly and punctually to pay
the same to the treasurer of the said nation, or to such other person
or persons as shall be appointed by the Legislature of the Chickasaw
Nation to receive the same ; and they do also agree and bind them-
selves to pay to the treasurer of the said nation, immediately upon

CONFEDERATE AUTHORITIES. 461

ratification by all parties of this treaty, the sum of $25,606.89, due on
the first day of July of the present year, as aforesaid.

Art. LVII. Whereas, it was agreed between the United States and
the Chickasaw Nation, by the third article of the treaty made between
them on the twentieth day of October, A. D. one thousand eight hun-
dred and thirty-two, that as a full compensation to the Chickasaw
Nation for the country ceded to the United States by that treaty the
United States would pay over to the said nation all the moneys
arising from the sales of lands so ceded after deducting therefrom
the whole cost and expenses of surveying and selling the lands,
including every expense attending the same ;

And whereas, by the eleventh article of the treaty of the twenty-
fourth day of Ma J', A. D. one thousand eight hundred and thirty-four,
between the United States and the Chickasaw Nation, it was agreed
that all funds resulting from all entries and sales of such lands after
deduction of the expenses of surveying and selling, and other advances
made by the United States, should, from time to time, be invested in
some secure stocks, redeemable within a period of not more than
twenty years, the interest whereon the United States should cause to
be annually paid to the Chickasaws;

And whereas, by the fifth article of the treaty of the twenty-
second day of June, A. D. one thousand eight hundred and fifty-two,
it was agreed between the United States and the Chickasaw Nation
that the United States should continue to hold in trust the national
fund of the Chickasaws and constantly keep the sum invested in
safe and profitable stocks, the interest of which should be annually
paid to the Chickasaw Nation;

And whereas, it is now, by the Confederate States and the Chicka-
saw Nation, ascertained and agreed that the following sums, part of
the said fund of the Chickasaws, arising from the sales of their lands,
were invested by the United States, while the Confederate States were
part thereof, in bonds and stocks of certain of the States, in manner
following, that is to say :

In the 5 per cent, stock of the State of Indiana, $210,000;

In 6 per cent, stock of the State of Maryland, $14,499.75;

In 6 per cent, stock of the State of Tennessee, $170,666.66;

In 6 per cent, stock of the State of Arkansas, $90,000, on which no
interest has been paid since the 1st day of July, A. D. 1842;

In 6 per cent, stock of the State of Illinois, $17,000;

In 6 per cent, stock of the Richmond and Danville Railroad, guar-
anteed by the State of Virginia, $100,000;

And in 6 per cent, stock of the Nashville and Chattanooga Rail-
road, guaranteed by the State of Tennessee, $512,000;

And it being claimed by the Chickasaws that all the moneys
received by the United States from the sales of their lands, after
deduction of proper disbursements out thereof, have not been invested,
that they have been charged with losses and expenses which should
properly have been borne by the United States, and that in many
cases moneys held in trust by the United States for the benefit of the
orphan and incompetent Chickasaws had been wrongfully paid out
to persons having no right to receive the same; in consequence of
which complaints, then as now made, it was agreed by the fourth
article of the treaty between the same parties, of the twenty-second
day of June, A. D. one thousand eight hundred and fifty-two,
that an account should be stated as soon thereafter as practicable,

462 COREESPONDENCE, ETC.

under the dii'ection of the Secretary of the Interior, exhibiting in
detail all the moneys that had from time to time been placed in the
Treasury to the credit of the Chickasaw Nation, resulting from the
said treaties of the years 1832 and 1834, and all the disbursements
made therefrom; and that to the account so stated the Chickasaws
should be entitled to take exceptions, which should be referred to the
Secretarj^ of the Interior, who should adjudicate the same according
to the principles of law and equity, and his decision should be final ;
and it was also, by the same article, agreed that the cases of wrong-
fully made payments should be investigated by the Congress of the
United States, under the direction of the Secretary of the Interior,
and if any person had been defrauded by such payments, the United
States should account for the amounts so misapplied as if no such
payment had been made :

Therefore, the Confederate States do hereby assume the duty and
obligation of collecting and paying over as trustees to the said Chick-
asaw Nation, at par, and dollar for dollar, all sums of money accru-
ing, whether from interest or capital of the said bonds or stocks of
the said States of the Confederacy, or of stocks guaranteed by them,
so held by the Government of the United States in trust for the Chick-
asaw Nation, and will pay over to tho said nation the said interest
and capital as the same shall be collected. And the said Confederate
States shall request those States to provide, by legislation or other-
wise, that the capital and interest of such bonds or stocks shall not
be paid to the Government of the United States, but to the Govern-
ment of the Confederate States in trust for the Chickasaw Nation.

And the said Confederate States do hereby guarantee to the said
Chickasaw Nation the final settlement and full payment, upon and
after the restoration of peace and the establishment of their inde-
pendence, as of debts of good faith and conscience, as in law due and
owing, on good and valuable consideration, by the said Confederate
States and the other of the United States jointly before the secession of
any of the States, of all sums of money received by that Government
from the sales of the Chickasaw lands or otherwise however, in trust
for the Chickasaw nation or individuals thereof, and which remain
uninvested, or which it expended in unwarranted disbursements or in
the payment of charges or expenses not properly chargeable to the
Chickasaws; for the ascertainment whereof such account shall be
taken, after the restoration of peace, by or under the direction of the
Commissioner of Indian Affairs, as was directed by the fourth article
of the treaty of the twenty-second day of June, A. D. one thousand
eight hundred and fifty-two, and in accordance with'the legal rules of
stating accounts of trust funds and investments.

And the Confederate States also hereby guarantee to the Chickasaw
Nation the final settlement and full payment, at the same period, of
all moneys belonging to orphans or incompetent persons, or to other
Chickasaws, and wrongfully paid by the United States to persons
unauthorized to receive them, and for that reason, or for any other,
not yet paid to the proper persons, under the same fourth article of
the treaty last mentioned, as qualified and limited by the proviso
added thereto by way of amendment, or under Article X of the said
treaty; which cases shall be investigated by the Commissioner of
Indian Affairs or by the agent under his direction.

And they also guarantee to it the final settlement and fuU pay-
ment, after the same period, of the said sums invested in U. S. stocks,
and the said sum of $100,000, so covered into the Treasury on the

CONFEDERATE AUTHORITIES. 463

fourteenth day of Jamiaiy, A. D. one thousnnd eight hundred and
flftj'-seven, and of any other sums received by that Govermnent and
now held by it by way of intei'ost on or as part of tlie capital of any
of the bonds or stocks of any of the States whei-ein any funds of the
ChickasaAvs had been invested; and they do also guarantee to it the
final settlement and full payment, at the same period, of the capital
and interest of all bonds or stocks of any of the Northern States in
wliich any of said Chickasaw funds have been invested.

Art. LVIII. It is further hereby agreed that the said annuity, inter-
est, and arrearages hereby assumed and agi-eed to be paid bj'' the Con-
federate States shall be applied, under the exclusive direction of tlie
Legislature of the ChickasaAV Nation, to the support of their govern-
ment, to purposes of education, and to such other objects for the pro-
motion and advancement of the improvement, welfare, and happiness
of the Chickasaw people and their descendants as shall to the Legisla-
ture seem good; and the capital in full of all the said bonds and
stocks of States, corporations, and the principal of moneys due by the
United States shall be invested or reinvested, after the restoration of
peace, in stocks of the States, at their market price, and in such as
bear the highest rate of interest, or be paid over to the Chickasaw
Nation to be invested by its authorities, or otherwise used, applied,
and appropriated as its Legislature may direct, without any control or
interference on the part of any department, bureau, or officer of the
Confederate States.

Art. LIX. It is hereby further agreed that no claim or account
shall hereafter be paid by the Government of the Confederate States
out of the Chickasaw funds, unless the same shall have first been
considered and allowed by the Chickasaw Legislature.

Art. LX. Whereas, by the first article of the treatj' between the
L'nited States of America and the Choctaw and Chickasaw Nations,
on the twentj-second day of June, A. D. one thousand eight liundred
and fifty-five, it was provided that the boundary of the Choctaw and
Chickasaw country should begin "at a point on the Arkansas River
100 paces east of old Fort Smith, where the western boundary of the
State of Arkansas crosses the said river," and run thence "due south
to Red River," which also was the line of boundary fixed by the treaties
of the tAventieth day of Janiiary, A. D. one thousand eight hundred
and twenty-five, and the twenty-seventh day of September, A. D. one
thousand eight hundred and thirty;

And Avhereas, when the said line was originally run between the
State of Arkansas and the Choctaw Nation it was erroneously run to
the westward of a due south line from that point of beginning on the
Arkansas River;

And whereas, when the said line was again run by the United
States, after the making of the said treaty of the twenty-second day
of June, A. D. one thousand eight hundred and fiftj'-five, it Avas arbi-
trarily ordered bj'the Secretary of the Interior, in violation of the said
treaties, that the said line should not be run due south in accordance
therewith, but that the old erroneous lines should in lieu thereof be
retraced, and the same Avas accordingly done, thus leaving within the
limits of the State of Arkansas a strip of country belonging to the
ChoctaAv and Chickasaw Nations in the shape of a triangle, having
Red River for its base ;

And Avhereas, all the lands contained therein that are of any value
were sold or granted by the United States, and are chiefly held and
have been improved by private individuals:

464 CORRESPONDENCE, ETC.

It is therefore agreed by the Confederate States and the said Choc-
taw and Chickasaw Nations that the said line so rnn and retraced
shall be perpetuated as the line between the Choctaw and Chickasaw
country and the State of Arkansas, and that the said triangular tract
of land shall belong to and continue to form an integral part of that
State ; and all titles to lands therein from and under the United States
be confirmed ; and it is further agreed that in consideration therefor the
said Choctaw and Chickasaw Nations shall, upon the restoration of
peace and the establishment and recognition of the independence of
the Confederate States, be paid by them the fair value of the lands
included in said tract, in their natural state and condition and unim-
proved, and of all the salt springs therein at the date of the said treaty,
A. D. one thousand eight hundred and fifty-five, and without inter-
est; which fair actual value shall be ascertained by a commission of
four persons, two of whom shall be appointed by the President of the
Confederate States, one by the Choctaw Legislature, and one by the
Chickasaw Legislature, and the expenses of which commission shall
be borne bj^ the Confederate States.

Art. LXI. It is further agreed that if the present war continues
the Confederate States will, upon the request of the Executive of the
Choctaw and Chickasaw Nations, respectively, advance to the Choctaw
Nation the sum of $50,000 and to the Chickasaw Nation $2,000, in
discharge of so much of the moneys due to each, respectively, by the
United States, and will invest each sum in the purchase for each
nation, respectively, of such arms and ammunition as shall be speci-
fied by the Executive.

Art. LXII. All provisions of the treaties made by the Choctaws
and Chickasaws, or either, with the United States, under which any
rights or privileges were secured or guaranteed to the Choctaw or
Chickasaw Nation, or to individuals of either, and the place whereof
is not supplied by any provision of this treaty, and the same not being
obsolete or no longer necessary, and so far as thej'^ are not repealed,
annulled, changed, or modified by subsequent treaties or statutes, or
by this treaty, are continued in force as if the same had been made
with the Confederate States.

Art. LXIII. It is further agreed that the sum of $2,000 shall be
appropriated and paid by the Confederate States, immediately upon
the ratification of this treaty, to defray the expenses of the delegations
of Choctaws and Chickasaws by whom this treaty has been negotiated,
and that the same shall be paid over to R. M. Jones and by him
equally divided among the members of the said delegations.

Art. LXIV. A general amnesty of all past offenses against the
laws of the United States or of the Confederate States, committed
before the signing of this treaty, by any member of the Choctaw or
Chickasaw Nation, as such membership is defined in this treaty, is
hereby declared ; and all such persons, if any, charged with any such
offense shall receive from the President full and free pardon, and if
imprisoned or held to bail, before or after conviction, be discharged ;
and the Confederate States will especially request the States of
Arkansas and Texas to grant the like amnesty as to all offenses com-
mitted by Choctaw or Chickasaw against the laws of those States,
respectively, and the Governor of each to reprieve or pardon the same
if necessary.

In perpetual testimony whereof the said Albert Pike, as commis-
sioner with plenary powers, on the part of the Confederate States,
doth now hereunto set his hand and affix the seal of his arms, and

CONFEDERATE AUTHORITIES. 465

the undersigned commissioners, with full powers of the Choctaw and
Chickasaw Nations, do hereunto set their hands and affix their seals.
Done in triplicate at the place and upon the day in the year first
aforesaid.
[seal.]

ALBERT PIKE,
Commissioner of the Confederate States.

R. M. JONES, JAMES RILEY,

SAMPSON FOLSOM, RUFUS FOLSOM,

FORBIS LEFLORE, WM. B. PITCHLYNN,

GEO. W. HARKINS, Jr., McKEE KING,

ALLEN WRIGHT, WILLIAM KING,

ALFRED WADE, JOHN P. TURNBULL,

COLEMAN COLE, WILLIAM BRYANT,

Commissioners of the Choctmv Nation.

EDMUND PICKENS, MARTIN W. ALLEN,

HOLMES COLBERT, JOHN M. JOHNSON,

JAMES GAMBLE, SAMUEL COLBERT,

JOEL KEMP, A. ALEXANDER,

WILLIAM KEMP, WILSON FRAZIER,

WINCHESTER COLBERT, C. COLUMBUS,

HENRY C. COLBERT, A-SHA-LAH TOBBE,

JAMES N. McLISH, JOHN E. ANDERSON,

Commissioners of the Chickasaw Nation.

Signed, sealed, and copies exchanged in our presence, July 12, 18C1.

WM. QUESENBURY,
Secretary to the Commissioner.
W. WARREN JOHNSON.
W. L. PIKE.
WM. H. FAULKNER.

RATIFICATION.

Resolved {two-thirds of the Congress concurring). That the Con-
gress of the Confederate States of America do advise and consent to
the ratification of the articles of a treaty made by Albert Pike, com-
missioner of the Confederate States to the Indian nations west of
Arkansas, in behalf of the Confederate States, of the one part, and
by the Choctaw and Chickasaw Nations of Indians, by their respec-
tive commissioners thc^'imto appointed and elected, of the other part,
concluded at the North Fork Village, on the North Fork of the Cana-
dian River, in the Creek Nation, on the twelfth day of July, A. D.
one thousand eight hundred and sixty-one, with the following amend-
ments:

I. Strike out from Article XXVII the words, "to the same rights
and privileges as may be enjoyed by delegates from any Territorj' of
the Confederate States," and insert in lieu thereof the following words,
"to a seat in the hall of the House of Representatives, to propose and
introduce measures for the benefit of said nations, and to be heard in
regard thereto, and on other questions in which either of said nations
is particularly interested, with such other rights and privileges as
may be determined by the House of Representatives."

30 R R — SERIES IV, VOL I

466 CORRESPONDENCE, ETC.

II. Strike out from Ai-ticle XXVIII the following words, "the whole
Choctaw and Chickasaw country, as above defined, shall be received
and admitted into the Confederacy as one of the Confederate States,
on equal terms in all respects with the original States, without regard
to population, and," and insert in lieu thereof the following words,
"the application of the said nations to be admitted as a State into the
Confederacy, on equal terms in all respects with the original States,
shall be referred to and considered by the Congress of the Confederate
States, by whose act alone, imder the Constitution, new States can be
admitted and whose consent it is not in the power of the President of
the present Congress to guarantee in advance, and if the Congress
shall assent to such admission, the whole Choctaw and Chickasaw
country, as above herein defined, shall constitute the State so admit-
ted, and in case of such admission."

III. Strike out from Article XLIII the following words, "or of any
one of the States," and add at the end of this article the following
words, "and the Confederate States will request the several States of
the Confederacy to adopt and enact the provisions of this article in
respect to suits and proceedings in their several courts."

IV. Strike out from Article XLIV the following words, "or in a State
court," and insert in lieu thereof the following words, " or in a State
court subject to the laws of the State."

V. Strike out from the fourth paragraph of Article LVII, in the
phrase " two hundred and ten thousand dollars," the word "ten," and
insert in lieu thereof the word "two."

Note. — ^The foregoing treaty, together with the amendments, was duly ratified
by the Choctaw and Chickasaw Nations, respectively.

Richmond, July 12, 1861.
Governor Joseph E. Bkown,

Ailania, Ga.:
The crisis of our fate may depend upon your action. The two reg-
iments you have organized are indispensable to success. For the
sake of our cause and the country I beseech you to send them with-
out standing upon the point of the brigade organization. The Presi-
dent has no power to accept a brigade. If you refuse j'ou will regret
it. It is not necessary that I should say more. Semmes' regiment,
aboiit which the President wrote you some time since, I have been
compelled to order here. You can doubtless supply its place in a few
days.

L. P. WALKER.

[July 12, 13, 25, and 28, 1801. — For correspondence between
Walker and Withers, in relation to receiving Kentucky troops, see
Series I, Vol. IV, pp. 367, 368, 374, 376.]

Baton Rouge, La., Jtdy 12, 1861.
Hon. L. P. Walker:

Six hundred and eighty muskets, twenty Hall's carbines, twenty
Colt rifles, all the amis on liand.

J. C. BOOTH.

CONFEDERATE AUTHORITIES. 467

CusTOM-HousE, Collector's Office,

New Orleans, July 12, 1861.
Hon. L. P. Walker,

Secretary of War, Richmond, Va.:
Sir: I have the honor to transmit herewith a report of H. L. Hanley,
in charge of the expedition dispatched in conformity to instructions
from the War Department in search of the ship Windsor Forest.* I
have been informed, but have not been able to put my hands on the
paper, that the New York Tribune of the 24th of June reports the
arrival of that vessel at New York on the 23d of June, having been
spoken on the 7th of June off Key West by the ship Charles S. Pen-
neU, hence for Liverpool, and warned of the state of blockade.
Very respectfully, your obedient servant,

F. H. HATCH,

CoUecior.

Memphis, July 12, 1861.
General Leonidas Polk,

Memphis :
Dear Sir: Before leaving Richmond the President desired me to
give him all the information I could about the manufactory of small-
arms at Holly Springs, and since my arrival at home I have received
a letter from the Secretary of War on the same subject. Having had
some conversation with you while in Richmond in reference to the
matter, I have thought it would not be unimportant to you to give
you the substance of my inquiries. Jones & McElwain, of Holly
Springs, large manufacturers of iron, and employing some 200 men,
are now busily engaged in the construction of machinery for the
manufacture of the Belgian or Mississippi rifles, as may be desired,
with bayonets and all complete. They inform me that they can be
prepared in sixty days to deliver rifles, and in ninety days they could
manufacture and deliver 100 per day, unless they fail to increase their
mechanical force as they are now attempting to do. They will in a
few days have a machine in readiness to rebore and rerifle the com-
mon rifle and make bayonets therefor, and if you could supply them
with a machine for this purpose they could put it into immediate
operation. They are also prepared to make large shot and shell of any
size and description. Mr. McElwain is one of the best machinists in
the country. He has few equals ; with energy to carry out what [he]
undertakes. They do not possess sufftcient capital to carry into
effect all his plans without some pecuniary aid. I have persuaded
Mr. McElwain to visit Richmond and have a personal interview with
the President. He left on Monday morning last for the purpose, and
may be expected back next week. I think you would facilitate the
consummation of your wishes to change the common rifle by supply-
ing them' with one of the machines you have for that purpose. I had
hoped for a personal interview with you l[)efore leaving the city, but
business compels me to return home this evening.
I am, with respect, your obedient servant,

W. GOODMAN.

*See Walker to Huse and Anderson, July 18, p. 486.

468 CORRESPONDENCE, ETC.

Richmond, July IZ, 1861.
Governor Pickens,

Columbia, S. C:
The President has given me instructions in the following words,
indorsed upon your letter to Col. Maxcy Gregg of July 9 :

If the Governor will allow the companies to tender their services directly, with
the assurance that they shall have the arms and equipments and name and ban-
ner of the late First Regiment, the Secretary of War might accept them, and
then the field officers of the old regiment could be appointed by the President,
and the regiment so formed be accepted in lieu of one of those called for in the
recent requisition.

In pursuance of this authority from the President I inform you
that the recent requisition is varied in accordance with the preceding
instructions, and that ten companies will be received to form a regi-
ment under the name of the First South Carolina Volunteers.

L. P. WALKER,
Secretary of War.

Adjutant and Inspector General's Office,

Richmond, July 12, 1861.
Brig. Gen. William J. Hardee, &c.,

Memphis, Tenn. :

General : Your letter of the 4th instant is received. The muster of

Capt. A. W. Clarkson's company of artillery, authorized by you with

the conditions attached, is approved. Second Lieut. David G. White,

of artillery (cadet of third class of 1860), is ordered to report for duty.

Very respectfully, your obedient servant,

S. COOPER,
Adjutant and Inspector General.

P. S. — You were telegraphed at Memphis on the 10th instant as
follows :

B. W. Sharp writes from Memphis tendering a battalion of 300 men for the
war, armed. The President desires that you cause the battalion to be mustered
into service and attach it to your command.

S. COOPER,

Adjutant-General.

The letter of Mr. Sharp, with your indorsement, of June 30, to the
Secretary of War, making the same tender and offering to increase
the battalion to 500, is just received, and you are authorized to muster
in the additional companies of the battalion as they are presented.
The arms with which the battalion is now supplied (common country
rifles and shotguns, &c.) will be used until others are supplied, if that
be possible. After a report from you that the battalion has been
mustered into service and organized a field ofBcer will be appointed
by the Department, doubtless Major Sharp.

Very respectfully, your obedient servant,

S. COOPER,
Adjutant and Inspector General.

Executive Department,

Richmond, Va., July 12, 1861.
His Excellency Jefferson Davis,

President of the Confederate States of Ameriea :
Sir: Your letter of the 9th instant to Governor Letcher was for-

CONFEDERATE AUTHORITIES. 469

has addressed a brief note to me, in which he says that as he desires
no delay in all arrangements necessary to forward the public inter-
ests of Virjjinia and all the Confederate States, he requests that I will
attend 1o this matter, and take such action as I and Mr. Tucker (the
attorney-general) maj^ deem right in the premises. He further says
that as the injiinction of secrecy was not removed from the resolu-
tions to which you refer, he had not heard and did not know of these
proceedings until he was informed of the action of the War Depart-
ment in respect to them. He says that he will approve what I may
do and will carry it out upon his return to the city. Acting under
this authority, in the name of the Governor of Virginia, and for him,
I have the honor to turn over and transfer to the Government of the
Confederate States, for use during the war, all the machinery and
stores captured by the Virginia forces at Harper's Ferry, now in pos-
session of the State, reserving the right of property therein. The
Governor is directed by one of the resolutions to preserve an inven-
tory of all property thus turned over, &e. In order to do this it will
be my pleasure on his behalf to direct the colonel of ordnance of Vir-
ginia, in conjunction with anj'^ officer to be detailed by your orders,
to take the necessary steps for a correct and fair inventory, as
required. The Governor of Virginia believes it was the desire and
purpose of the convention to have the machinery put up in the
armory at Richmond; hence in the third resolution it provided "that
the Governor of Virginia be authorized to allow the Confederate Gov-
ernment, on such terms as he may deem just and reasonable, the use
of the Armory buildings at Richmond for the operation of said
niachinerj'. " In accordance with this authority vested in the Gov-
ernor, I beg leave in his name to tender the use of the Armory build-
ings for operating said machineiy, and to express the desire that the
tender may be accepted. The armory has been in operation in this
city to a certain extent since the memorable year of 1800, and was
then established with a view to the great crisis of that period. Vir-
ginia is anxious to continue it with the enlarged facility afforded by
the machinery in question, and while she cheerfully yields its use to
the Confederate Government for the common cause of all the States,
I may add the expression of the opinion and feeling of the Governor
that it was the intention of the convention that the machinery should
be used in the buildings now tendered to your service, unless its
safety would thereby be imperiled or its value to the Confederacy be
seriously impaired.

I am, sir, with higli respect, yours,

GEORGE W. MUNFORD,
Secretary of the Comfhwiwealth.

Ordnance Department,

Richmond, Fa., July 12, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: I this morning received the communication marked A, in
which it is said "that j'our action may involve serious embarrassment
to the troops in the field." The grave responsibility here thrown
upon me by Major Gorgas must be my excuse for most respectfully
asking yoii to listen to the following circumstances: So soon as the
Virginia troops took Harper's Ferry, by direction of the Governor of
Virginia I took charge of and gave directions for the removal of the

470 CORRESPONDENCE, ETC.

macliinery and materials there found. Before this was fully accom-
plished I was directed bj' the Governor to turn over to any authorized
agent of North Carolina the rifle machinery, taking care to retain
all and any machines, or parts thereof, that may be necessary for
the making up of muskets, which order I immediately transferred
to Lieutenant-Colonel Burton, who had the immediate control of the
same. (See my order to him marked A.)* This order, Colonel Bur-
ton informs me, has been observed in accordance with his letter to
nie, marked B.

I have received no order or direction from the Governor since that
time relieving me from the control and responsibility of the machin-
ery not turned over and being turned over to North Carolina; but,
on the contrary, in mentioning the subject to the Governor, I have
been instructed to be guided by his orders, and am engaged in press-
ing forward this machinery into operation, Avith the view that the
rifled muskets might be manufactured as soon as possible for the
troops in and going into the field. On the 3d of July the order marked
C was received, Avhich I referred to the Governor, who instructed me
to be governed by former instructions. On the 8tli of July the letter
marked D was received by Colonel Burton, which was referred to me
bj' note marked E, upon which I indorsed as seen thereon. On the
11th Mr. Adams, the master armorer here, received the order marked
F,f upon Avhich, having been referred to me, I indorsed as seen
thereon. On the 11th of July I received the note marked H, which I
have not thought proper to answer, and on this day I have received
the letter marked I, to Avhich I replied as per K.J I have thus
detailed mj- action, which I hope will relieve me from the implied
charge, made by Major Gorgas, that I may have by my course involved
the troops in serious embarrassment in the field, and that I have
retained tools necessary to the operations in the laboratory, thus caus-
ing the State to do great injurj' to the common defense. I again beg
pardon for this interraption, but having by a devotion manifested by
works satisfied all who know me of my willingness to serve the Soiith,
I cannot allow the remotest insinuation to bo made by any one with-
out resisting it at once.

I am, very respectfully, your obedient servant,

C. DIMMOCK,
Colonel of Ordnance, State of Virginia.

Confederate States of America, War Department,

jiichnwnd, July 11, 1861.
Colonel DiMMOCK,

Richmond:
Sir: Your indoi-sement on the order of the Secretary of War,
given through the Chief of the Bureau of Ordnance, has been
referred to him. You will excuse me for calling your attention to
the fact that your action may involve serious embarrassment to the
troops in the field.

Respectfully, your obedient servant,

J. GORGAS,
Major and Chief of Ordnance.

*See Dimmock to Burton, June 10, p. 379.

■)• See inclosure Walker to Letcher, July 12, \i. 473.

i Not found, but the reference is probably to Dimmock "s indorsement on paper

CONFEDERATE AUTHORITIES. 471

Ordnance Department,
Richmond, June 13, 1861.

Col. C. DiMMOCK,

Chief of Ordnance :
Sir: With reference to the question of selecting and forwarding to
Faj'etteville such materials received from Harper's Feny as pertain
specially to the rifle, I beg to state that with the exception of the
materials for barrels and stocks the requirements of the rifle factory
at Harper's Ferry were supplied from the general stores and materi-
als of the post. There can be no objection to forwarding the mate-
rials for rifle barrels and stocks at once to Fayetteville if desired, but
at the present moment I am unable to determine the quantity arrived
here, and beg to suggest that, inasmuch as nothing has yet been
done toward the erection of the means of manufacturing rifles at
Fayetteville, the question of materials may be deferred until such
time as I can investigate the subject and determine which prop-
erly belongs to the rifle. The materials other than those herein
mentioned will be useful and necessary in the manufacture of the
rifle musket.

I have the honor to be, sir, your most obedient servant,

JAMES II. BURTON,
Lieutenant- Colonel of Ordnance.

Confederate States of America,

Ordnance Office, War Department,

July S, 1861.
The shafting, vises, tools, <fec., now at the Central depot, from
Harper's Ferry, belonging to the rifle factory, will be transferred to
W. S. Downer for shipment to Fayetteville as rapidly as possible. A
general inventory will be made of the same now, and an accurate
inventory will be made on their arrival at Fayetteville, when any-
thing belonging to the musket factory will be at once returned to this
post. Any part of the rifle machinery, &c., detained here will in the
same way be forwarded to Fayetteville hereafter.
By order of tlie Secretary of War:

J. GORGAS,
Major and Chief of Ordnance.

Ordnance Office, July 8, 1861.

Lieutenant-Colonel Burton,

Virginia Forces:
Colonel: Be pleased to provide Mr. Price with such tools and
materials as he may require for repair of arms at Winchester and as
you can readily furnish.

Respectfully, your obedient servant,

.1. GORGAS,
Major and Chief of Ordnance.

472 CORRESPONDENCE, ETC.

State Armory, Richmond, July -?, 1861.

Col. C. DiMMOCK,

Chief of Ordnance :
SiK: I have this morning received from Major Gorgas, Chief of
Ordnance Department of the Confederate States, instructions to sup-
ply Mr. M. E. Price with certain tools essential to the repair of arms
in the field, and on yesterday Mr. Adams, the master armorer,
received instructions from the same source to tui'n over to Mr. Smith,
of the laboratory, three turning lathes and driving gears for the
same. I have as yet received no authorit3' to comply with such
requisitions, and I therefore respectfully request that you will favor
me with your instructions as to how I shall act in the premises.
I have the honor to be, sir, your most obedient servant,

JAMES TI. BURTON,
Lieutenant- Colonel of Ordnance.

[Indorseroent.]

Until the order of the Governor is received this department cannot
be governed by orders from elsewhere.

C. DIMMOCK,

Colonel of Ordnance of Virginia.

Confederate States of America, "War Department,

Richmond, July 11, 1861.
Lieutenant-Colonel Dimmock,

Richmond:
Sir: Your indorsement on the order of the Secretary of War, given
through the Chief of the Bureau of Ordnance, has been referred to
him. You will excuse me for calling your attention to the fact that
your action may involve serious embarrassments to the troops in the
field.

Respectfully, your obedient servant,

J. GORGAS,
Major and Chief of Ordnance.

Ordnance Office', July 12, 1861.
Colonel Dimmock,

Ordnance, Slate of Virginia:
Colonel: Will you do me the favor to see me at your leisure in
reference to the tools required by Smith. By retaining tools neces-
sary to our operations in the laboratory the State does great injury to
the common defense.
Respectfully,

J. GORGAS.

[IndorsniueDt.}

The tools, lathes, &c., asked for as "retained" never were in the
laboratory, and never formed any part of that establishment, but
belong to the musket machinery.

C. DIMMOCK,

CONFEDERATE AUTHORITIES. 473

War Department,

Richmond, July 12, 1861.
His Excellency John liETCHER,

Governor of Virginia:
Sir: I take the liberty of laying before Your Excellency a letter
from Major Gorgas, Chief of Ordnance Bureau of the Confederate
States, with the indorsement thereon of C. Dimmock, colonel of ord-
nance of the State of Virginia, and in so doing I beg leave to inquire
whether or not the government of Virginia designs to keep up a sep-
arate- and distinct ordnance department. It is important that the
subject should be understood. The precise point to which I would
now call the attention of Your Excellency is whether the lead taken
from Harper's Ferry on Tuesday last is to be subject to the orders of
this Department, or only to the orders of the Virginia authorities. In
deciding this point I beg Your Excellency will recollect that the lead
aforesaid has been removed since the transfer to the Confederate
States of the machinery, &c., which had been seized at Harper's Ferry.
For an early answer to these inquiries I would be thankful to Your
Excellency.

Very respectfully,

L. P. WALKER,
Secretary of War.

[ IncloBure.l

Confederate States of America,

Ordnance Office, War Department,

Richmond, Va., July 11, 1861.
Mr. S. Adams,

Master Armorer:
By direction of the Secretary of War of the Confederate States you
will, on the receipt of this order, deliver to Mr. W. S. Downer, for
transportation to the laboratory of the Confederate States, the lead
received fiom Harper's Ferry on Tuesday.

J. GORGAS,
Major and Chief of Ordnance.

[Indorsement.]

Having no order from the Governor of Virginia by which I should
be authorized to consent to the within order, Mr. Adams will wait
further orders. The lead is not any part of the machinery, but
material.

C. DIMMOCK,
Colonel of Ordnance, Virginia.

Confederate States of America, War Department,

Richmond, July 13, 1861.
His Excellency Joseph E. Brown,

Atlanta, Ga.:
Dear Sir: My attention has been called to a paragraph cut from
one of the Georgia papers and inclosed to me bj' one of the Rich-
mond editors. The paragraph referred to has some animadversions
on an article which appeared in a Richmond pajjcr on the subject of
the arms of Georgia, and for which it would seem the Secretary of

474 CORRESPONDENCE, ETC.

War is held, by implication, responsible. I have attentively perused
the article commented upon, and really have failed to discover any
purpose on the part of the editor to perpetrate any injustice upon
you, or grounds for the Georgia editor's presumption of variance
between the President — whose letters it appears he has seen — and
myself in estimation of your official conduct. Now, in relation to
all this matter, I may frankly say to you, in this unofficial manner,
that there is no difference that I am aware of between the President
and myself in regard to yourself. We both entertain, I am sure, the
most cordial feelings of respect for your character, patriotism, and
public services, and we have agreed in the policy of making earnest
appeals to you to permit any arms within your jurisdiction not in use
to be wielded in a common defense against a common enemy. From
this position we have the best means of knowing the imminence of
the danger, and I can assure Yoiir Excellency [that the President]
and myself unite in congratulations upon every manifestation of the
determination of Georgia to maintain her full share of the responsi-
bility and the glory in this momentous coniiict.

Therefore I repeat to you my assurances of respect and friendly
consideration, and trust that you will not allow the insinuations of an
editor to create in your mind the impression that I am otherwise than,
both officially and personally.

Your Excellency's obedient servant and friend,

L. P. WALKER.

Richmond, July IS, 1861.
Governor T. O. MoORE,

New Orleans, La.:
As soon as you determine where you will locate the camps of
instruction please advise me, in order that proper arrangements may
be made for the siipport of the troops. Although these troops were
called out by companies, if you deem it more advisable you may
accept them by regiments. Thus accepted, they will elect their own
field officers.

L. P. WALKER.
(Same to Governors of Alabama, Mississippi, and Tennessee.)

Jackson, Miss., J^dy IS, 1861.
Hon. L. P. Walker,

Richmond :
The two regiments at luka, near Corinth. Two companies of cav-
alry ordered there. Will telegraph Monday the location of the camps
of instruction.

JOHN J. PETTUS.

Nashville, July IS, 1861.
His Excellency Jefferson Davis,

Richmond, Va.:
I approve the appointments of Pillow, Anderson, and Donelson, but
they are all Democrats. Thoiigh not consulted, I shall be held respon-
sible here for your appointments in the State. I therefore venture to

CONFEDERATE AUTHORITIES. 475

express the hope that yoii will appoint the other generals heretofore
appointed by me : F. K. ZoUicoffer, William R. Caswell, B. F. Cheat-
ham, Robert C. Foster, third, and John L. T. Sneed, all good and com-
petent men, and all Whigs except Cheatham. It is a political necessity,
as well as strict justice, that the Whig element be fully recognized.
We will have twenty-five infantry regiments. Answer.

ISHAM G. HARRIS.

SPOTSViTooD Hotel, Jtdy 13, 1861.
Hon. L. P. Walker:

Permit me, sir, to introduce to your consideration the advantages
that would accrue from a regiment of mounted men, on the guerrilla
order, properly posted in the Gulf parishes of Louisiana. We have
in that State all sorts of people — men that can be bought and sold;
negroes from different Southern States of ungovernable tempers readj'
for the blackest deeds, suitable fuel for the enemy. A goodly num-
ber of our citizens can neither speak nor understand the English
language — at least one-fourth in many of the parishes — and many who
do are ignorant of our system of government. Talk to them of our
constitutional rights and the sires of the Revolution, they look upon
you with astonishment. Some have never heard the sound of fife and
drum. The creole population outside the city of New Orleans are
very civil and peaceable, and the small portion of them that have left
with the American population for the battle-field are of the right
stamp. Those of the First and Second Regiments know their rights
and will fight for them in or out of Louisiana. But, sir, that portion
of our citizens that are best able to endure the hardships of a cam-
paign are not in the field. Our militia laws are too weak to force
those out that are not disposed to fall in with us. I would not be
underetood to mean that those who are unwilling to leave the State
are not disposed to fight for their State. There are but few tliat are
not willing to risk their all. Now, sir, to draw those able men into
the field is what I am anxious to bring about; for if Lincoln goes in
for booty Louisiana is his field, and they know it. To better secure
our safety and dispossess the people of uneasiness I should like to
have the privilege of organizing a regiment on the above plan. I can
get the sturdy men of our State, besides 100 or 200 Indians. Should
my vieAvs be approved of Governor Moore will aid me. The companies
forming the regiment could be drilled and fitted to be mustered into
service by October. Had I not promised my friends to use everj'
honorable means to set this matter on foot I should not have been so
lengthy. Should you favor my plans and wish to communicate with
Governor T. O. Moore, I sjiouid be pleased to be the bearer of your
dispatches. I leave to-morrow for Yorktown, but will return to this
place in a few days.

With much respect, I am, sir, your most obedient servant,

B. W. BLAKEWOOD.

[July 13, 1861. — For Walker to Letcher, requesting issue of proc-
lamation calling into immediate service the militia of all the counties
of Virginia north of James River and east of the Blue Ridge, see
Series I, Vol. LI, Part II, p. 169.]

476 CORRESPONDENCE, ETC.

Executive Department,

July IS, 1861.
Hon. L. P. Walker,

Secretary of War of the Confederate States:

Sir: Your letter to the Governor of the 12th instant was received
this morning at this department. In the absence of the Governor he
has authorized me "to turn over and transfer to the Government of
the Confederate States, for use during the war, all the machinery and
stores captured by the Virginia forces at Harper's Ferry now in posses-
sion of the State, reserving the right of property therein." By letter
addressed to the President on yesterday he Avas informed of my readi-
ness to make the transfer. In accordance with that letter I have
directed Colonel Dimmock to turn over the lead mentioned in your
letter to Major Gorgas. It is necessary, howevei-, under the resolu-
tions of the convention of this State, that "an inventory of all prop-
erty thus turned over" should be taken and preserved. In my letter
to the President on yesterday I stated this necessity, and informed
him that the colonel of ordnance of Virginia, in conjunction with
any officer to be detailed by his orders, should take the necessary
stex>s for a correct and fair inventory. This order has been given,
but I have not yet received a reply to my letter from the President,
nor been apprised that any such officer has yet been detailed.

Heretofore there has been an understanding between the Governor
and His Excellency the President that a division of labor in the Ord-
nance Department should be made, and in consequence of that under-
standing a proclamation was issued by the Governor ordering that the
preparation and issue of ammunition and everything connected there-
with should be transferred to the Confederate States, and that the
manufacture of gun carriages, caissons, and aceouterments belong-
ing to artillery and the issue of artillery and arms should be assigned
to the ordnance department of Virginia. In conformity to this sup-
posed understanding. Major Gorgas has superintended the construc-
tion of ammunition in the building established therefor and with the
laborers employed by the State, and Colonel Dimmock, colonel of
ordnance of Virginia, has continued the manufacture of gun carriages
at the expense of the State, and at this time he has orders from Gen-
eral Lee to furnish equipments for field artillery not yet completed.
It is proper to know if it is desired that this arrangement and distri-
bution of duties should continue or all these duties be performed by
the Ordnance Department of the Confederate States. Some arrange-
ment ought to be made for the completion of these orders. With
every disposition to act in the utmost harmony with-the Government
of the Confederate States in all its departments, and in no manner to
throw obstacles in their way, we are yet compelled to conform to the
positive requirements of our laws.
I am, sir, very respectfully,

GEORGE W. MUNFORD,
Secretary of the Commonivealth.

Confederate States op America, War Department,

Richmond, July IS, 1861.
Charles Green, Esq.,

Gainesville, Prince William County, Va.:
Sir: There was some delay in the reception of your letter of 2d
instant, but I reply to it at the earliest possible moment. My former

CONFEDERATE AUTHORITIES. 477

letter was quite as full and explicit as this Department feels author-
ized to go. There need be no apprehension about your recognition
by Captain Huse. A copy of the letter appointing you an agent was
forwarded to Captain H. I have no password, but I send you the
pass requested.

Respectfully,

L. P. WALKER,
Secretary of War.

Atlanta, July H, 1861.
Hon. Jeff. Davis,

President Confederate States of America :
I do not feel authorized by our statute to disband the brigade. If
the act of Congress is in the way you can accept it as a whole by com-
missioning the general now in command.

JOSEPH E. BROWN.

Columbia, July 14, 1861.
President Davis:

Two companies of cavalry would add greatly to the two camps of
instruction. Can it not be done ?

F. W. PICKENS.

[Indonement.]

Your wish for two companies of cavalry at camps of instruction
acceded to.

JEFF'N DAVIS.

Atlanta, Ga., July 15, 1861.
L. P. Walkek:

After you learned from my letter the component parts of the State
brigade you made requisition on me, which reached me ten days
since, for two armed regiments, which are no part of Georgia's equal
quota, probably with a view to disband the brigade. Waiving all
question of quota, I immediately put two new regiments under orders.
They are now here in camp and are subject to your order, armed and
equipped. You now demand the two regiments of the brigade as
indispensable to success. The brigade which I am training at the
State's exi)ense under an act of her Legislature consists of two regi-
ments and three battalions. The battalions are as good men and as
well armed as the regiments. If the regiments are indispensable to
our success, why are not the three armed battalions needed ? I have
tendered all together. If armed men are indispensable to success, I
offer you 2,500 together in place of 1,500, and beg you for the sake of
our common cause to accept them. If it is desired to do an act of
justice to the State the President can obviate all legal difficulties in
the way of accepting them in a moment by commissioning the general
in command. No truthful statement which can be made will show
that Georgia suffers by a comparison of the part she has performed
in the contest with that of any one of her Confederate sisters. While
she has a man and a gun she will continue to do more than her equal

478 COKKESPONDENCE, ETC,

part. If the threat of consequences to me for disobedience to your
behests, which the language of your dispatch implies, is intended,
rest assured it fails to intimidate.

JOSEPH E. BROWN.

Confederate States of America, War Department,

Richmond, July 15, 1861.
William Skeen, Esq.,

Warm, Springs, Va.:
Sir : In reply to your letter of the 30th of June the Secretary of
War directs me to say that a battalion raised for the war and armed
will be accept^ed, but not otherwise.
Respectfully,

A. T. BLEDSOE,

Chief of Bureau of War.

By J. B. JONES.

Orders ) Hdqrs. Louisiana Militia, Adjt. Gen.'s Office,
No. 737. ( Neiv Orleans, July 15, 1861.

I. The Secretary of War has made a requisition for 3,000 volunteers
to be placed in camps of instruction. Each company must be com-
posed of 1 captain, 1 first lieutenant, 2 second lieutenants, 4 sergeants,
4 corporals, and 64 to 100 privates. They will be sent to Camp
Moore, and to a new camp in the interior, the site of which will be
duly announced.

II. The President will assign officers to take charge of the troops as
soon as mustered in, and the camp will be under control of the War
Department of the Confederate States. The President will also
organize the companies into battalions or regiments, as he may prefer,
and appoint the field officers and staff.

III. The Secretary of War has also authorized me to accept the
above troops by regiments. If thus tendered and accepted they will
elect their own field officers. To secure this privilege ten companies,
numbering 1,000 men, must form the regiment, elect their own
officers, and tender to me completely organized.

By order of Thomas O. Moore, Governor and commander-in-chief:

M. GRIVOT,
Adjutant and Inspector General.

State of North Carolina, Executive Department,

Raleigh, July 15, 1861.
Honorable Secretary of War Confederate States,

Richmond, Va.:
Sir: Upon assuming the duties of Governor of the State I found
that orders had been issued for concentrating a regiment of twelve-
months' volunteers at AsheviUe, N. C, and an officer detailed to
muster the companies into service. I have been very much impor-
tuned to take them into active service, and have consented to do so,
provided the men would arm themselves with the ordinary hunting
rifle. I have therefore respectfully to propound the following inqui-
ries: Will the Confederate States Government accept the aforesaid

CONFEDERATE AUTHORITIES. 479

regiment of riflemen from the mountains of North Carolina upon the
condition mentioned, or to be armed otherwise, as may be preferred
by that Government ? If accepted as above, will the men be paid for
the use of their arms, or will the Government have the same appraised
and purchase them? Will the Government authorize the purchase of
rifles for those men that cannot otherwise procure them? Will a
small expenditure of money be authorized for boring out and other-
wise altering rifles, so as to make them as near uniform as practicable ?
Also for the manufacture of molds for the oblong or minie-ball to
suit these rifles? Will authority be given to pay to those men who
will volunteer to serve during the war the same bounty ($15) that is
now paid to the State troops ? Will one or more companies of cavalry
be accepted, to be attached to the said regiment, provided each man
furnislies his own horse, arms, and equipments? Lieut. Col. R. H.
Riddiek, assistant adjutant-general of our State troops, is charged
with the delivery of this communication. He is zealous and capable,
and will carry out faithfully, and I doubt not satisfactorily, the
aforesaid matters if intrusted to him.

I have tlie honor to be, very respectfully, your obedient servant,

HENRY T. CLARK,

Governor.

Headquarteks South Carolina,

Jvly 15, 1861.
Hon. Mr. WALKER,

Secretary of War:

Sir: I have responded to your call for two regiments for the war by
offering one to Colonel Gregg, and have designated Colonel Orr's,.now
raised for the war, as the other. This will be near 1,200 strong, and I
will endeavor to arm and equip it as well as I can, but I have no arms
now except some old flint-and-steel muskets, which I am having
altered to i)ercussion and having them rifled so as to be able to defend
ourselves this fall if possible. I made you a general statement some
weeks ago as to our forces and the arms. In that I showed you that
we had received 15,000 effective arms from the former U. S. arsenal,
and that I had sent into Virginia, with men, including Hampton's
Legion, 7,400; to Florida, 6,000; to Tennessee, 2,000; to Lynchburg,
1,000; Colonel Orr's regiment, 1,200; two regiments just starting for
Virginia, 1,672; total, 20,272; four regiments on the sea-coast and in
the harbor of Charleston, armed by me, 3,700; and I am obliged to
keep in the hands of 2,400 men in Charleston, as a reserv&corps, under
orders now for immediate duty in any emergency, 2,400; all amount-
ing, as you see, to 25,372.

This includes over 11,000 of our own purchase above what has been
received, and if I am to arm the 3,000 men now called for it will take
all we can raise, even aft«r changing the old flint-and-steel muskets
into percussion. I am now rifling and fixing them as fast as possible.
I gave you the above statement some weeks ago, and now repeat it
only from memory and not with exact accuracy. I do so to let you
know that I have advanced all I dare do in the way of arms unless I
expose the State to great danger this winter if we are invaded, and
our sea-coast is so extensive that we must look for it. I have ordered
the Second and Sixth Regiments, all fully armed and equipped, to
Virginia, and one of them will start on Tuesday next and the other
on Wednesday.

480 CORRESPONDENCE, ETC.

I understand from General Gist that you agree for me to retain a
portion of the 3,000 men I am to encamp in place of these two regi-
ments now being sent on, or if these 3,000 are moved forward, that
then these two regiments at least will be ordered back to me. Of
coarse, if we are threatened with invasion toward cool weather I shall
expect to get several of my regiments back, unless some pressing
emergency in Virginia may demand their retention. General Gist
also requests me to send on to j'ou four names for the appointment of
quartermasters. I do not understand if they are for the 3,000 men to
be encamped or as quartermasters for other service, but I name to
you Col. John S. Green, Col. C. H. Suber, and Col. M. A. Moore,
members of my staff, and also Mr. Sanders Glover, of Charleston.
They are honest and efficient men. If you will send me their appoint-
ments I will inform them. I hope there will be no objections to my
namingthree assistant surgeons for the 3,000 men, as they will be bet-
ter contented to have some physician with whom they are acquainted,
and this would reserve the three surgeons for three regiments from the
3,000 still to be appointed by you and to command the assistants.
You will be so kind as to let me know on these points as soon as you
can, for I have ordered the encampments. I hope that you have
extended all the necessary orders to Capt. Stephen D. Lee, Confeder-
ate quartermaster and commissary in Charleston. I would now most
respectfully urge upon you to allow me to attach two squadrons of
cavalry to each of the encampments, so as to make them a thorough
school for instruction. This State has had no cavalry received into
service, and we have a great many efficient corps of cavalry. This
would make the encampments complete and the cavalry might be of
great service in next winter's campaign.

I have the honor to be, very respectfully, your obedient servant,

F. W. PICKENS.

Richmond, Va., July 15, 1861.
Governor I. G. Harris,

Nashville, Tenn.:
The political complexion was accidental. * Two of the three gen-
erals appointed held in your State the highest military rank. The
other had received a thorough military education. Therefore they
were chosen. All were esteemed woi-thy of highest regard and con-
fidence, but a part only at present required. How many regiments
have you organized, armed, and equipped? We need re-enforce-
ments here.

JEFF'N DAVIS.

Richmond, July 16, 1861.
Governor Joseph E. Brov^^n,

Atlanta, Qa.:
1 have just received your dispatch of the 15th. You wholly misap-
prehend the purpose and spirit of my telegram of 12th. It not only
did not contain a threat, but was not intended to convey one. My
sole object was to make an appeal to your well-known patriotism,
based upon facts known to the Department, but which it would be

* See Harris to Davis, July 13, p. 474.

CONFEDERATE AUTHORITIES. 481

highly impolitic to make public. Both the facts and the danger still
exist, and in the best spirit toward you, both oflScially and personally,
I renew the appeal.

L. P. WALKER.

Confederate States op America, War Department,

Richmond, July 16, 1861.
His Excellency Henry T. Clark:

Sir: Your letter of July 15, informing this Department that orders
have been issued for concentrating a regiment for twelve-months'
volunteers at Asheville, N. C, and propounding certain inquiries with
reference to the conditions under which it is proposed to muster this
regiment into service, has been received. In reply, I desire to say:
First. That the regiment will be received if armed mth the hunting
rifle, but that in order to be received as a regiment it must first be
constituted into a regiment — ^that is, by the election of its own field
oflBcers — before it is tendered to the Government for service. Second.
That after the i-egiment has been received the arms will be appraised
by the proper agents of this Government and paid for at their valua-
tion. Third. The Government could authorize the purchase of arms
for those who could not otherwise procure them only through its own
agents. Fourth. Only such expenditure could be authorized for the
improvement and furnishing of the arms as might be judged by the
chief of the Bureau of Ordnance to be necessary. Fifth. No authority
is known to exist whereby this Government can promise bounties to
volunteers. This inquiry is therefore answered in the negative.
Sixth. No companies of cavalry are needed in connection with this
branch of the service, and consequently none can be received.
Very respectfully,

L. P. WALKER,
Secretary of War.

Columbia, July 16, 1861.
President Davis:

Telegram as to cavalry received. I can put into encampment also
two fine artillery companies with four pieces each. Is it wanted ?

F. W. PICKENS.

[iDdorsement.]

Secretary of War will answer: The two artillery companies with
batteries accepted.

JEFF'N DAVIS.

[July 16, 22, and 23, 1861. — For correspondence between Walker
and Harris, in relation to sending Tennessee troops to Virginia, see
Series I, Vol. LI, Part II, pp. 172, 190, 195.]

Confederate States of America, War Department,

Richmond, July 16, 1861.
Hon. George W. Munford,

Secretary of Commonwealth of Virginia:
Sir: In reply to your letter of the 13th instant I have to say that
Major Gorgas has been directed to receipt for the transfere to be

31 R R — SERIES IV, VOL I

482 CORRESPONDENCE, ETC.

made, and this Department will not object to the an-angements sug-
gested by yon as having been proposed by Governor Letcher and
approved by the President.

Very respectfully,

L. P. WALKER,

Secretary of War.

Headquarters,
Winchester, Va., July 17, 1861.
General S. Cooper,

Adjutant and Inspector General:
General: I have just received the letter of Lieut-enant-Colonel
Burton in relation to five car-loads of machinery which he says are at
a point one mile west of Harper's Ferry. I respectfully report that
all the valuable machinery which coiild be removed from Harper's
Ferry has been brought to this place and delivered to the proper agent
for transportation to Richmond.

Most respectfully, your obedient servant,

J. E. JOHNSTON,

Brigadier- General.

Helena, Ark., July 17, 1861.
Hon. L. P. Walker:

Dear Sir: I wrote you a few days since for myself and many others
in this district to ascertain if we could get negro regiments received
for Confederate service, officered, of course, by white men. All we
ask is arms, clothing, and provisions, and usual pay for officers and
not one cent pay for negroes. Our negroes are too good to fight
Lincoln hirelings, but as they pretend to love negroes so much we
want to show them how much the true Southern cotton-patch negro
loves them in return. The North cannot complain at this. They
proclaim negro equality from the Senate Chamber to the pulpit, teach
it in their schools, and are doing all they can to turn the slaves upon
master, mistress, and children. And now, sir, if you can receive the
negroes that can be raised we will soon give the Northern thieves a
gorge of the negroes' love for them that will never be forgotten.
As you well know, I have had long experience with negro character.
I am satisfied they are easy disciplined and less trouble than whites
in camp, and will fight desperately as long as they have a single white
officer living. I know one man that will furnish and arm 100 of his
own and his son for their captain. The sooner we bring a strong
negro force against the hirelings the sooner we shall have peace, in
my humble judgment. Let me hear from you.
Your old friend,

W. S. TURNER.

Confederate States op America, War Department,

Richmond, July 17, 1861.
His Excellency A. B. MooRE,

Governor of Alabama:
Sir: This Department has received a communication from Col.
W. J. Hardee, commanding at Fort Morgan, inclosing a similar com-
munication from Lieutenant-Colonel Gardner, commanding at Fort

ftninAS tn t.liA Affpft that, thp trarrisnn at. Fnrt, ftRlTlftS Will rftouirfi tO he

CONFEDERATE AUTHORITIES. 483

re-enforced at the earliest practicable day by at least two additional
companies. In obedience, therefore, to this requisition this Depart-
ment begs leave to inform you that, in addition to the previous requi-
sitions already made upon you for two regiments and for 3,000 men,
the Confederate Government will require two additional companies to
be raised for the particular purpose herein expressed, and you are
hereby requested to take immediate measures for calling the same
into service.

Very respectfully, your obedient servant,

L. P. WALKER,
Secretary of War.

[July 17, 1861. — For Hardee to Cooper, transmitting articles of
agreement for the transfer of Arkansas Volunteers to the Confederate
service, see Series I, Vol. Ill, p. 609. ]

Confederate States of America, War Department,

Richmond, July 17, 1861.
His Excellency Thomas O. Moore,

New Orleans, La.:
Sir: In reply to your letter of the 6th instant I assure you no one
could have had a higher appreciation of the patriotism of the people
of Louisiana and of Your Excellency's promptitude in responding to
the requisitions of the Government than myself, and it affords me
sincere pleasure thus to express my acknowledgment of both. The
requisitions referred to were made under the pressure of a great
necessity, and it is very sincerely hoped that Your Excellency will not
hesitate to arm all the troops if you can possibly do so. If armed,
they wiU go into the field at once, where they are so urgently needed.
If you should prefer to organize the 3,000 men into regiments hereto-
fore called by companies it can be done, and then they will elect their
own field officers. A portion at least of these troops are intended for
the defense of Louisiana, and it is hoped that such arrangements will
be effected that in the autumn the Government will be in possession
of arms sufi&cient for the general defense of the country at every
point. At present, however, the emergency is in Virginia, and neither
Virginia nor the Confederate Government can arm the troops neces-
sary for defense. We are menaced with greatly superior numbers,
and the crisis of this campaign is upon us. It cannot possibly be
necessary under such circumstances for me to attempt a stimulation
of any Southern functionary by labored appeals to his patriotism to
make extraordinary exertions. The occasion itself is a most extraor-
dinary one. It is a common cause, and we have to fight a common
enemy.

Very respectfully,

L. P. WALKER,
Secretary of War.

Richmond, July 17, 1861.
General D. E. Twiggs,

New Orleans:
I understand that there are 1,000 stand of arms at La Foiirche.
If so, order them here.

L. P. WALKER.

484 CORRESPONDENCE, ETC.

Jackson, Miss., July 17, 1861.
Hon. L. P. AValker:

The two regiments at luka are not armed, and I have no power
under our laws to arm them. Say to the President [I] have called
the Legislature and will send him all the troops and arms I have
power to send.

JOHN J. PETTUS.

Confederate States of America, War Department,

Richmond, July 17, 1861.
Hon. George W. Munford,

Secretary of the Commonwealth of Virginia:
Sir : Your letter of July 11, communicating the reply of the Audit-
ing Board of the State of Virginia to the requisition made by Col. Joseph
Selden, superintendent of the recruiting service for the Provisional
Army, in behalf of James G. Paxton, recruiting of&cer at Covington,
Va., and asking the attention of this Department to the inquiries
contained therein, has been received. Your letter is not sufficiently
explicit in its details to enable this Department to make any special
reply with reference to this particular case. But with regard to the
general question involved, this Department begs leave to reply that
the Confederate Government has no recruiting service, nor was this
Department advised that any recruiting was going on in Virginia at
this time, except only to fill up the Wise Legion and Floyd brigade.
It is true that all the legitimate expenses attending military oper-
ations in Virginia are now chargeable to the Confederate Government,
and have been so since the date indicated in j^our letter, and there-
fore, although this recruiting has not been done by order of this
Department, yet if the troops so recruited have gone into the service
of the Confederate Government, it would be right for that Govei-n-
ment to pay such charges as are just and proper. It is proper to add,
however, that the Government of the Confederate States is relying upon
the volunteer forces, and not upon the recruiting service, for its troops,
and the recruiting department should therefore be at once discon-
tinued by the authorities of Virginia, unless actually in successful
operation.

I have the honor to be, sir, very respectfully,

L. P. WALKER,
Secretary of War.

President's Office,
Richmond, J'redericksburg and Potomac R. R. Co.,

Richmond, July 17, 1861.
His Excellency Jefferson Davis,

President of the Confederate States:
Dear Sir : Since my interviews with you of Saturday and Sunday
evenings, desiring to leave nothing undone in my power which can
promote your efforts for the public defense, I have had made by the
city engineer of Richmond, who is also a skillful and experienced
railroad engineer, surveys and estimates both of the time and expense
required to construct merely temporary connections for military pur-
poses only between the railroads running north and south and ter-
minating in Richmond and Petersburg. Those estimates I herein

CONFEDERATE AUTHORITIES. 485

inclose to you.* For the estimate of time given by him some days
less than a week must be added for preparations and gathering the
requisite materials and force of men. The connections so constructed
would not be adapted to the transportation over them of loaded trains,
or even of unloaded ones, consisting of more than one or two cars (at
least in Richmond, where in frosty weather it might be at times wholly
impracticable), and for this reason, as well as because of the haste
and want of pennanence in their construction, and because they would
not relieve the companies of the expense of omnibus and wagon trans-
portation through the cities, these connections would be of no value
to the roads connected, and would have to be constructed at the
expense of the Confederate Government — an expense which, however,
might be lessened, when these connections shall cease to be needed by
the Government, by the value of the materials used, which the com-
panies connected would doubtless buy at an assessed value. These
connections, however, even constructed in the way proposed in the
accompanying estimates, will suffice for the transfer of the cars and
macliinei"y bj' boree powei- from any of the Southern railroads from
which they can be spared to the railroads north of Richmond leading
to Strasburg, Manassas Junction, or Aquia Creek. Even engines
may, perhaps, at times be carried over them either alone or with one
car, and loaded cars may be brought over them by horses. Should
j'ou deem this work of sufficient importance to justify the compara-
tively moderate expense (which would probably little exceed the
expense of wagon transportation through these two cities, otherwise
to be incurred), I know of no one who, from his character, energy,
skill, and experience, would more promptly and satisfactorily have
the work done than Mr. Washington Gill, the engineer of this city,
by whom the surveys and estimates have been made. His position
gives him special facilities for engaging men and materials, although
a detail of men from the Army might much expedite the work. Any
further information you may desire touching this matter (in which
I have no interest except as a citizen) it will give me pleasure to
give you.

With high respect and regard, your friend and obedient servant,

P. V. DANIEL, Jr.

P. S. — I omitted to say that the ordinance of the State convention
gives full power to construct this work to the Confederate States,
irrespective of the consent of the cities.

Richmond, July 17, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir : I am here as one of a committee appointed by the Board of
Directors of the Petersburg Railroad Company to confer with the
Government in relation to the construction of a railroad connecting
the Petersburg Railroad and the Richmond and Petersburg Railroad
for military purposes. You are doubtless aware that the convention
of Virginia at its last session adopted an ordinance giving authority
to those companies to connect their roads through the city of Peters-
burg, and providing that if they wished to take immediate steps for
doing so the Government of the Confederate States should have

* Not found.

486 CORRESPONDENCE, ETC.

autliority to make the connection, to continue during the wai'. If
the connection is to be used for military purposes only, and to be
removed after the close of the present war, it would not be to the
interest of the railroad companies, or either of them, to make it on
their own account, while they could well afford to do so if it could
be used permanently and for general purposes. By the general rail-
road law of the State no railroad track can be laid down in the street
of any city without the consent of its corporate authorities. The
general terms of the ordinance of the convention may have been, and
probably were, designed to dispense with this provision of the general
law; but for reasons which I need not suggest in detail some doubt is
entertained whether such is its effect. A doubt on this subject would
make it proper that the company should consult the corporate author-
ities of the city before undertaking to lay down a track through its
streets. There are other considerations also which seemed to the
Board of Directors of the Petersburg Railroad Company to make it
proper for them to consult the corporate authorities. In the first
place, the city of Petersburg is the owner of nearlj'^ one-half of the
stock of the company. In the next place, it was well known that a
great repugnance is felt by the citizens of Petersburg to any connec-
tion between the roads in question by means of which produce and
merchandise would pass through Petersburg to and from Richmond.
This was tested some years ago by a popular vot«. It was believed
by the Board that no permission could be obtained to lay down a road
for general purposes and as a permanent connection, and it was
thought very doubtful whether even a temporary connection would
be allowed for general purposes. I mention these things to explain
why the company cannot build the road in question on their own
account. The Board of Directors, however, have every disposition to
give their aid to the Government in providing a military road. They
are willing to construct such a road for the Government and to receive
payment of its actual cost in the 8 per cent, bonds of the Govern-
ment at par, with the privilege of transporting their passengers and
mails only (not freight) over the connection. These suggestions will
indicate the general views of the Board, but the committee now here
are authorized to negotiate and settle the terms in detail. These
could be better discussed and arranged in a personal interview. As
the committee would be glad to leave the city by 3 o'clock, it would
oblige them if you could give this subject your early attention.
I have the honor to be, your most obedient servant,

WM. T. JOYNES.

Confederate States of America, War Department,

Richmond, July 18, 1861.
Capt. Caleb Huse and
Maj. Edvfard C. Anderson,

London:
Gentlemen: This Department has received a communication from
Mr. F. H. Hatch, collector for the port of New Orleans, inclosing report
of Capt. H. L. Hanley, commanding the expedition sent in search of
the ship Windsor Forest, with regard to the voyage made in prosecu-
tion of this search. In view of the difficulties and possible dangers
attending the execution of the important commission with which you
have been intrusted by this Government, it is thought proper to trans-

CONFEDEKATE AUTHORITIES. 487

attention to the subject. In forming your conclusion, however, the
Department expects that you will be guided by that discretion with
which you have been heretofore intrusted and by a constant regard
to the supreme importance of your success in this perilous undertak-
ing. The extract referred to is as follows :

New Orleans, Jvly 0, 1861.
F. H. Hatch, Esq.,

Collector :
Sir: On the 1st day of June the schooner Wm. R. King, having had her name
altered to that of Adela, started from Berwick Bay at 6 a. m. At 2 o'clock she
got to sea, and having a southeast wind we steered south by west, laying as near
to the wind as possible to make good headway. * * * On the 9th we were on
the coast of Yucatan, and were unable to double the Cape of San Antonio before
the 15th instant, on account of head winds and currents. After doubling this
cape our vessel lay east-southeast and from fifteen to forty-five miles from it.
During this time we were entirely within the line of vessels, and met twenty-one
merchant vessels in daylight, but no government cruisers of any nation. * * *
On that day ^June 24) we left the cape for Berwick Bay, where we arrived on the
Slstof June, having been becalmed two days near the coast of Louisiana. * * *
On our outward voyage we saw but one vessel before reaching the coast of Yuca-
tan, and returning we saw but one till we reached the coast of Louisiana. These
vessels crossed our path and were apparently bound from Havana to Vera Cruz.
I am confident that any quantity of arms could be safely introduced into Loui-
siana over this course in a small, light-draft steamer with very little danger.
There are numerous deep bayous along this coast, protected by bars having a
depth from six to seven feet, and from which arms could be conveyed with facility
by the Opelousas Railroad, Bayou La Fourche, and Barataria and La Fourche
Canal to New Orleans.

Commending this whole subject to your joint attention, and fully
confiding in your discretion, fidelity, and dispatch,
I remain, gentlemen, very respectfully,

L. P. WALKER,

Secretary of War.

Columbia, S. C, July 18, 1861.
Hon. Mr. Walker,

Secretary of War:
The President already telegraphed me to take the cavalry. I sent
yesterday a regiment of 876 men, well armed, to you, and to-day
another of 91 G, all armed and ready. Colonel Orr's will be ready in
ten daj^s; they are in camp. To-morrow this will be, with Hampton's,
ten regiments, all armed, and Gregg's will be eleven.

F. W. PICKENS.

Executive Department,

Richmond, Jvly 18, 1861.
Hon. L. P. Walker,

Secretary of War of the Confederate States:
Sir: Your letter of the 17th instant has been received. I am in-
structed by the Governor to say he is happy to be informed by you
that all the legitimate expenses attending military operations in Vir-
ginia are now chargeable to the Confederate Government, and have
been so since the date indicated in my letter, that date being the time
of the transfer of all the forces of the State by the Governor to the
Confederate States, to wit, the 8th of June. The Governor is grati-
fied also to learn from your letter that although this recruiting has

488 CORRESPONDENCE, ETC.

not been done by order of this department, yet if the troops so recruited
have gone into the service of the Confederate Government it would
be right for that Government to pay such charges as are just and
proper. More could not be asked. With regard to the particular
requisition referred to in my letter, it was brought to your notice
simply to obtain a recognition of the principle that after the 1st of
July Virginia is not to pay for forces or recruiting which had been
previously transferred to the Confederate States by proclamation of
the Governor. There is but one other remark in your letter which
perhaps requires explanation. You state that —

It is proper to add, however, that the Govermnent of the Confederate States is
relying upon the volunteer forces, and not upon the recruiting service, for its
troops, and the recruiting department should therefore be at once discontinued
by the authorities of Virginia, unless actually in successful operation.

To this I beg leave to say that in the proclamation of the Governor,
by which all the forces of Virginia were transferred to the Confeder-
ate States, the Governor expressly ordered all the provisional army of
Virginia to respect and obey all lawful orders emanating from the
President or those commanding under his authority, and that the
same may be incorporated in whole or in part into the Provisional
Army of the Confederate States at the pleasure of the President.
After this proclamation it was supposed that the officers of Virginia
who were recruiting for the provisional army were under orders of
the President, and that the recruiting service had been discontinued,
and it was believed that Col. Joseph Selden, the officer through whom
the requisition for funds had been made, and who was the superin-
tendent of this sei"vice, was recognized and was acting under orders
from the War Department. Hence the reference to him to know why
it was that Virginia should pay for recruiting up to the 6th day of
August next.

Verj' respectfully.

GEORGE W. MUNFORD,

Secretary of the Commonwealth.

Executive Department,

Richmond, July 18, 1861.
Hon. L. P. Walker,

Secretary of War of the Confederate States :
Sir: Your letter of the 16th instant has been received. In it you
say that "Major Gorgas has been directed to receipt for the transfers
to be made, and this Department will not object to the arrangements
suggested by you as having been proposed by Governor Letcher and
approved by the President." I regret that your letter should require
me again to trouble you with a reply. The importance of the subject,
in the opinion of the Governor, requires a further explanation. I
stated in my former communication that I had informed His Excel-
lency the President that I was ready to transfer the machinery and
stores taken by the State of Virginia at Harper's Ferry when an officer
should be detailed by his orders, in conjunction with the colonel of
ordnance of Virginia, to take an inventory of the same, as required
by ordinance of our convention. Being informed by you that Major
Gorgas is the officer detailed, no difficulty can arise upon that subject.
I stated further that the President had been informed that the Gov-
ernor believed that it was the design of the State convention that the

CONFEDERATE AUTHORITIES. 489

machinery or a part of it should be put up in the State armory in
Richmond, and I quoted the resolution of the convention, by which
it appeared that the use of the armory was tendered to the President
for operating said machinerj', showing that it was desired that the
armory should be kept up as an institution for this purpose.

This was stated, too, for another purpose. If the tender of the
armory was accepted for the purpose indicated, there were operations
going on therein for which other arrangements would be required. I
stated the division of the operations of the ordnance department
between Major Gorgas and Colonel Dimmock, and informed you that
Colonel Dimmock was causing the manufacture of gun carriages,
caissons, and aecouterments belonging to artillery, and also had the
direction of the issue of artillery and arms. I had also stated that at
this time he had orders from General Lee to furnish equipments for
field artillery not yet completed. In view of the supposed transfer of
the armory for operating the machinery, I desired to know whether
the previous arrangement was expected to be continued. Your reply
is that your Department will not object to the arrangement suggested
by me as having been proposed by Governor Letcher and approved
by the President. It is very plain that Virginia may go on in her own
building with her own ofiicer, at her own expense, to construct gun
carriages and other artillery equipments and issue her own guns.
But the question was whether this arrangement is to be continued
and the State officers and property to be transferred as proposed to
the Confederate States, and thereafter the State of Virginia to be no
longer responsible for the liabilities incurred for the manufacture of
these articles; and whether it was expected that her officers were to
fulfill requisitions made upon them at her expense, and they to be
paid out of her treasury, or whether these things were to be continued
at the cost of the Confederate States ; whether the armory was to be
taken for the use of the Confederate States for operating the Harper's
Ferry machinery. By request of the Governor I beg leave again most
respectfully to call your attention to this subject and to request an
answer, that no cause for misunderstanding should be allowed to
exist, especially as the Auditing Board of the State are constantly
called on to pay the expenses incurred under Colonel Dimmock's
branch of the ordnance service.
Verj' respectfully,

GEORGE W. MUNFORD,
Secretary of the Commomvealth.

Richmond, July 18, 1861.
Hon. L. P. Walker,

Secretary of War, Confederate States:
SiK: Tn accordance with your suggestion I submit the following as
the list of machines which I hope to obtain for the purposes set forth
in a letter from the Governor of the State of Tennessee to His Excel-
lency President Davis: One trip-hammer, with such special tools for
welding gun-barrels as are at hand; 2 small planers; 1 screw machine;
1 cone machine; 2 small lathes; 1 propelling machine; 2 drilling
machines, with 3 or 4 spindles each; 8 milling machines; 1 rifling
machine; 1 nut-boring machine ; 1 smooth-boring machine; 1 barrel-
turning lathe ; 1 punching press; 1 horizontal milling machine for ram-
rods, &c. ; 1 old breech screw-cutting machine; 1 old index machine.

490' COREESPONDENCE, ETC.

It is the loan of these tools only which is asked for, the value of which
may be fairly estimated at from $8,000 to $10,000. There are several
good reasons why the request should be granted, and one of them is,
that under the representations of General Polk that it would be done
the State of Tennessee has purchased buildings and grounds for an
armory. Another is that at Nashville workmen from Louisville and
Saint Louis are easily obtained to duplicate them and make more of
the same kind. StiU another reason is that the State has purchased
large supplies of war material, and the Confederate Government has
not only already availed itself of a part of this in the form of percus-
sion-caps, but will want large supplies of powder from her mills.
All of which is respectfully submitted for your consideration.
T am, sir, your obedient servant,

GEO. W. MORSE,
Superintende7it Tennessee Armory.

Headquarters State of South Carolina,

Juhj 19, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: I have just received yours dated the 15th instant, and hasten
to say that I have selected for the two encampments Lightwood Knot
Springs, near Columbia, and the other at or near Aiken, both on rail-
roads and perfectly healthy, and suited for the convenience of moving
to any point desired at the earliest notice. Your authority as to elect-
ing field officers will insure success in raising the troops. If you will
allow me, I can order a large supply of the best tents made here of
heavy drill at $12 each, with poles and all complete. I can have them
made by a Frenchman, in the best style. I have had a great many
made here, some of them inferior, but they were of light material and
cheap, only $10 ; but this is of superior material, suited for winter
tents; and I have a Frenchman who makes knapsacks, with straps,
all furnished well, for $2, buckle and all. They are cut after the
French fashion, which make a dry covering to damp ground to protect
the soldier at night to sleep on.

I have the honor to be, very respectfully, your obedient servant,

F. W. PICKENS,

Governor.

Richmond", July 19, 1861.
Governor J. E. Brown,

Atlanta, Qa.:
Do you not intend to let us have your saltpeter and sulphur?

L. P. WALKER.

Atlanta, Ga., JvXy 20, 1861.
Jefferson Davis,

President, &c.:
I have offered all the saltpeter and sulphur and the steamer Hunt-
ress to the Secretary of War, together, at original cost to the State
in cash. If he accepts my proposition I will order it sliipped to you
direct.

J. E. BROWN.

confederate authorities. 491

Executive Department,

Atlanta, Oa., Jvly SO, 1861.
Hon. L. P. Walker,

Secretary of War, Richmond, Va.:
Sir: I have the honor to acknowledge the receipt of your letter of
the 13th, in whieli you say your attention has been called to a para-
graph cut from one of the Georgia papers animadverting upon an
article which had previously appeared in a Richmond paper. I beg
leave simply to say that I never till I read your letter had the least
knowledge of the extract referred to, or of the article in the Richmond
paper giving rise to it.

I have the honor to be, very respectfully, your obedient servant,

JOSEPH E. BROWN.

Confederate States of America, War Department,

Richmond, July W, 1861.
Col. B. W. Blakewood,

Spotsivood Hotel, Richmond, Va.:
Sir: In reply to your letter of the 13th instant I am directed by the
Secretary of War to say that a regiment armed and equipped would
be accepted, electing its own field officers. But no pledge can be
given of the service it will be required to perform or of its field of
operations.

Respectfully,

A. T. BLEDSOE,
Chief of Bureau of War.

War Department,

Richmond, Jvly 20, 1861.
His Excellency John Letcher,

Governor of Virginia:
Sir: a communication bearing date of July 18 has been received
by this Department from the Secretary of the Commonwealth of Vir-
ginia, recalling the attention of the Department to a previous commu-
nication relating to the transfer to this Government of the machinery
and stores taken by the State of Virginia at Harper's Ferry and to
the operatives of this machinery in the armory of Virginia in Ricli-
mond, and asking a more explicit reply to the inquiries therein con-
tained. It is stated in this communication that "Colonel Dimmock
was (is) causing the manufacture of gun carriages, caissons, and accou-
terments belonging to artillery" at this armory, and further, "that he
(Colonel Dimmock) had oi'ders from General Lee to furnish equip-
ments for field artillery not yet completed." And the question pro-
posed is "whether this arrangement is to be continued and the State
officers and property to be transferred, as proposed, to the Confederate
States, and thereafter the State of Virginia to be no longer responsi-
ble for the liabilities incun-ed for the manufacture of these articles;
and whether it was expected that her officers were to fulfill requisi-
tions made upon them at her expense and they to be paid out of her
treasury, or whether these things were to be continued at the cost of
the Confederate States ; whether the armory was to be taken for the
useof the Confederate States for operating the Harper's Ferry machin-
ery?" And you further direct attention in this connection to "the
division of the operations of the Ordnance Department between Major
Goi-gas and Colonel Dimmock."

492 COKRESPONDENCE, ETC.

Your Excellency cannot fail to perceive that the question here pro-
posed for the decision of this Department is of a peculiar and excep-
tional nature. The Department of War has control only over its own
agents and ofl&cers, and is responsible only for such operations as are
instituted and conducted under its own authority and direction. The
powers of the Department are delegated, defined, and limited by law,
and the Secretary of War has no authority under the law to enlarge
or transgress those powers. The Department of War, therefore, has
no authority over the officers of the State of Virginia, and is not
responsible for any of the operations conducted by them as such; nor
could this Department delegate to any authority, however respectable
or however trustworthy — and none could be more so, in the estimation
of this Department, than the State government of Virginia — the
right to make contracts and authorize operations binding this Govern-
ment while this Department itself should have no control over the
officers themselves or the operations so conducted by them.

Peculiar exigencies, however, and the perfect mutual understand-
ing and consent of the parties concerned may sometimes justify a more
liberal construction of the terms of a contract; and the case here pre-
sented this Department is willing to consider as of this exceptional
nature. Entertaining a i)erfect confidence in the authorities of the
State of Virginia in the administration of the operations in question,
and desiring to cultivate a spirit of the most perfect harmony and
mutual understanding between the government of Virginia and the
Confederate Government, this Department will take the responsibility
of saying that the Confederate Government will assume the liability
for all operations which were in progress at the time this transfer was
made or which, being then under contract, are not yet completed, and
desires that these operations may be completed by the officers pre-
viously charged with them, being well assured that the authorities of
Virginia will issue no work not worthy of acceptance and allow no
accounts except such as ought to be paid. The compensation of the
officers and workmen employed, and all other expenses properly inci-
dental to the operations in question, will of course be included in this
liability. Beyond this, however, the Department does not feel author-
ized to enter into any permanent obligations with the State of Virginia
with regard to any future operations not under the immediate authority
and control of the Department itself.

With regard to the question, finally, "whether the armory was (is)
to be taken for the use of the Confederate States for operating the
Harper's Ferry machinery" — that is, if so understood, whether this
machinery shall be permanently operated in the armory at Richmond —
this Department does not at present feel able to reply. The chances
of war are variable and uncertain, and while this Department enter-
tains a full confidence in the safety of these works at Richmond, yet
there may arise contingencies under which prudence might require the
transfer of the Confederate armory to some other point more remote
than Richmond from the seat of war. Until that necessity shall arise,
however, it is the present intention of this Department to continue
the operation of this machinery in the armory at Richmond, and under
all circumstances, so long as possible, to continue the use of the
armory for the objects to which it has been devoted in the service of
the Confederate States.
Very respectfully,

L. P. WALKER,
Secretary of War.

confederate authorities. 493

Executive Department,
Montgomery, Ala., July 21, 1861.
Hon. L. P. Walker,

Secretary of War, Richmond:
Your communication, under date of the 17th instant, requesting for
the re-enforcement of Fort Gaines two companies in addition to the
troops called for under the late requisition, has been received. I
herewitli inclose a copy of a communication received by me on the 23d
ultimo, under which three companies were raised and reported by my
order to the commandant of Fort Morgan, where I learn they were
mustered into the service of the Confederacy. Am I to understand
that in addition to these three companies two more are required ? If
so, please advise me by. telegraph. I am gratified to have it in my
power to inform your Department that under the last requisition I have
accepted twenty companies from South and Middle Alabama, and
shall locate the camp for these companies at Auburn, Macon County.
The requisition for the 3,000 will be filled in a few days by companies
from North Alabama, and their camp will be located in that section of
the State and designated by the 25th instant. I have also, contrary
to my expectation, succeeded in arming the two regiments, which will
be organized and accepted during the present week. The two mounted
companies have been accepted, and will probably take up the line of
march for Corinth in a few days. These companies have been delayed
by the difficulty which exists in procuring tents, and the same cause,
unless obviated, will materially delay the encampment of the 3,000
troops, and I fear they may be to some extent demoralized by being
kept, after being accepted, without marching orders, as my experience
has demonstrated that the sooner after acceptance that companies are
mustered and go into actual service the better. Until this is done
there is great difflculty in keeping them. The 3,000 troops will require
at least 600 ordinary tents, and from information derived from the
Confederate quartermaster at this place. Major Calhoun, I learn that
it will be some weeks before they can be provided with even a small
portion of the number required ; that the cloth, so far as he knows,
has not even been contracted for. I would beg leave to bring to your
notice that there are three factories within twenty-five miles of this
place which can turn out 5,000 yards a day of tent cloth of an excel-
lent material. These factories are at Tallassee, Autaugaville, and
Prattville.

I have the honor to be, very respectfully, your obedient servant,

A. B. MOORE.

Confederate States of America, War Department,

Richmond, July 22, 1861.
Capt. Caleb IIuse and
Maj. Edvi'ard C. Anderson,

London :
Gentlemen: A complete and brilliant victory has crowned our
arms. A battle was fought yesterday near Manassas, Va., in which
the enemy was routed at every point and driven in confusion from
the field. The consequences of this victory are incalculable; but the
just exultation inspired by this success should only redouble our
energies and our efforts for the future. This war is now assuming
truly gigantic proportions. The Government of the United States is
straining every nerve, and the Congress has been outstripped by the

494 CORRESPONDENCE, ETC.

demands of the Executive in the preparations which it has set on foot.
These preparations the Confederate Government is determined to
meet by equal preparations, and at whatever cost to stand ready to
prosecute to a successful end the war that has been thus wickedly
forced upon us. In view of the magnitude of this struggle and of the
pressing exigencies which surround us, this Department deems it
necessary to enlarge your powers and to press upon you with more
earnestness than ever the necessity of procuring at once and by every
means within your reach a supply of arms and munitions of war for
the Confederate Government. You are therefore hereby instructed to
increase your exertions and enlarge your oi)erations for this object to
the utmost extent of your power. To this end you are authorized
to depart, at your discretion, from the terms of your original instruc-
tions. You wiU purchase at the earliest possible moment all the
arms suitable for our purposes which can be obtained, from whatever
places and at whatever price; and if a sufficient quantity of arms
cannot be purchased at once, you are authorized to enter into con-
tracts at your discretion with manufacturers and to spare no expense
or risk which may be necessary to secure the largest quantity of
arms, of the best quality, at the earliest possible moment, sufficient
to arm, if need be, not less than 500 regiments. To this end increased
sums of money, to whatever amount may be necessary, will be placed
at your disposal.

You are furthermore authorized and instructed to make purchases
of powder in large quantities of the best qualities that can be
obtained, both cannon-powder and musket and rifle powder, and to
prepare the same for immediate shipment. This Department would
again call your attention to its late letter of July 18, inclosing extracts
from a communication from F. H. Hatch, the collector at New Orleans.
To insure its reaching you a copy of this extract is again here
inclosed.* But in view of the peculiar difficulties attending your
shipments to America, the Department would ask your attention to
another scheme for effecting this object. The Secretary of the Navy
has placed at the disposal of this Department the armed vessel the
McRae. This vessel will proceed at once to England to co-operate
with you. A duplicate of this letter will be forwarded by her. It is
suggested that if a number of smaller vessels could be secured under
British colors and with British clearances and laden with our arms
the McRae coxild convoy and protect them upon their voyage. These
vessels might make the port of Nassau, New Providence, or some
other port equally favorably situated. There they might clear with
probable safety for the coast of Honduras or of Yucatan, and enter
upon the coast either of Florida or Louisiana.

This scheme is submitted to your consideration, and you will decide,
among such as have been presented or may have occurred to you,
according to the best information you can obtain. More than one
route might perhaps with advantage be attempted simultaneously.
To meet this contingency or any other which may possibly arise an
additional naval officer will be sent over in the McRae, who will
either co-operate in the return voyage or, if deemed necessary,
remain behind to take charge of any subsequent shipment.

Pressing once more the supreme importance of this subject upon
your earnest attention and confiding in your unremitting efforts,
I am, very respectfully,

L. P. WALKER,
Secretary of War.

*Seep. 487.

CONFEDERATE AUTHORITIES. 495

Richmond, July 32, 1861.
Governor A. B. MoORE,

Montgomery, Ala.:
At what points have you located the camps of instruction? Do
hurry up your two regiments.

L. P. WALKER.

Montgomery, July 22, 1861.
L. P. Walker:

Camps of instruction — one for ten companies at Iluntsville, tlie
other for twenty at Auburn, Macon County. Wood's reginieni,, at
Tuscumbia, and Cantey's regiment, in Russell County, will be organ-
ized, armed, and ready to be mustered into service in a very few days.
Shall I give them marching orders, and to what point ? *

A. B. MOORE.

New Orleans, Jidy 23, 1861.
L. P. Walker,

Secretary of War, Richmond, Va.:
Sir: lam constantly in receipt of communications from members
of several of our regiments complaining of the want of clothing, shoes,
&c. Have just been informed that the Third Regiment Louisiana
Volunteers, that was at Fort Smith, are without shoes, or at least a
large number of them, and without means of purchasing. Will you
be good enough to inform me in what manner and at what time our
troops are to be supplied with those necessaries by the Confederate
Government.

Very respectfully, your obedient servant,

THO. O. MOORE.

Hdqrs. Louisiana Militia, Adjutant-General's Office,

New Orleans, July 23, 1861.
Hon. L. p. Walker,

Secretary of War :

Sir: I am instructed by Governor Moore to inform you that the
Eleventh Regiment is now being organized, and in a few days will be
ready to be mustered into the service of the Confederate States. The
Governor wishes to inform j'ou further that this regiment will not be
composed entirely of companies for the war, for this reason : There
are three companies now in camp mustered in for the twelve months.
They reached here too late to be placed into the twelve-months' regi-
ments, and there are others that have been organizing in the country
for some time past and may reach Camp Moore before the regiment
be fully organized. To have disbanded them and sent them back to
their homes would have created considerable dissatisfaction and per-
haps disaffection. These companies are composed of a fine body of
men, who have left their homes and families for the purpose of engag-
ing in this war; besides which, men are getting scarce, and consider-
able difficulty to procure them for the war. The Governor, therefore,
thought it best to place them in the Eleventh Regiment, with companies

* See Walker to Moore, July 25, 1861, Series I, Vol. LI, Part II, p. 197, ordering
these regiments to Richmond.

496 CORRESPONDENCE, ETC.

for the war, hoping it would meet with your approbation. I am fur-
ther directed to say that immediately after the Eleventh Regiment
shall have been organized he will proceed to organize companies under
the last requisition made for .3,000 men, and he will from time to time
keep you advised of the progress.

I remain, with respect, your obedient servant,

M. GRIVOT,
Adjutant and Irispector General, Louisiana.

Confederate States of America, War Department,

Richmond, July 2^, 1861.
To the President:

Sir : I herewith transmit estimates from the Quartermaster's Depart-
ment, marked A; from the Commissary Department, marked B; from
the Bureau of Ordnance, including Engineering, marked C and D,
and from the Medical Department, marked E. * The estimates from
the Quartermaster's Department are made from the 18th of July, 1861,
to the 18th of February, 1862, and those from the Commissary and
Medical Departments from August 1, 1861, to February 18, 1862,
and are in addition to the appropriations heretofore made by Con-
gress. These estimates are for 400 regiments over and above the 100
regiments for which appropriations were made by Congress at its
session in May last, or for a force of 500 regiments. We have already
in the field 190 regiments and 34 battalions, besides many independ-
ent companies, accepted and ready for service. This enumeration
does not embrace two regiments recently called for from each of the
following States, to wit : Mississippi, Alabama, South Carolina, Texas,
Arkansas, and Tennessee; nor does it include the reserve corps of
30,000 troops for which requisition has been made, and of which
many are now in camp of instruction, ready for action as soon as they
can be supplied with arms. Here lies the great difl&culty — the want of
arms for our troops. Every possible effort, as you are aware, has
been made to procure them. It may not be improper in this connec-
tion to state briefly, for the information of Congress, what this
Department has done to accomplish this object. It has outstanding
contracts with citizens of this Government for the manufacture of
61,200 stand of small-arms, and orders have been sent abroad for
200,000 more, with skillful ordnance ofBcers to see them properly
executed. Agents have also been sent to Cuba and Mexico to pur-
chase arms. Thus the contracts and outstanding orders for the
purchase and manufacture of arms (not embracing the orders sent to
Cuba and Mexico) are for 261,000 stand of the best quality, with cor-
responding accouterments and equipments.

Besides these contracts and orders agents have been sent into all
the States of the Confederacy, not only to purchase arms, but to
encourage by liberal orders their manufacture by all persons who
could make them, whether in small or large quantities; and to induce
our people to bring into the service of the Government whatever arms
they might have the Department has proposed to pay for them upon
assessments of value to be made by officers of the Government. The
armories at Richmond and Fayetteville will soon be in a condition to
manufacture muskets and rifles on a large scale, which will complete
the arrangements of the Department for the supply of small-arms.

*A11 estimates omitted.

CONFEDERATE AUTHORITIES. 497

In like manner every effort has been made, botn at nome and
abroad, to procure an ample supply of powder. Large purchases
have been ordered from abroad and strenuous exertions put forth to
have it manufactured at home. For this purpose the Government has
secured a large quantity of sulphur and made contracts for the deliv-
ery of a proportionate quantity of saltpeter. The erection of powder
mills lias been encouraged by liberal contracts, and the Department
does not doubt that the necessities of the service will in due time be
amply provided with this munition of war. The deliveries from
abroad will of course depend upon the contingencies of the blockade,
but the hope is entertained that the arrangements effected by the
Department ai-e such as to elude the vigilance of the enemy. The
outstanding orders for artillery embrace 15 15-inch columbiads, 220
10-inch columbiads, 340 8-incli columbiads, 70 8-inch siege howitzers,
158 3-inch rifle guns, 24 12-pounder howitzers, 40 24-pounder howitzers,
20 10-inch howitzers, 80 42-pounder siege guns, 100 32-pounder siege
guns, and field batteries to the extent of our necessities.

By an act of the last Congress you are authorized to raise troops for
the war. It is with mingled feelings of pleasure and regret that this
Department mentions the fact that many more have come forward to
volunteer for the war than it was possible for the Government to arm —
Avitli a feeling of pleasure, because this fact illustrates the heroic and
self-sacrificing patriotism of our people; with a feeling of regret,
because so many brave soldiers have been necessarily excluded from
the service of their country.

From the applications on file in this office there can be no doubt
that if arms were only furnished no less than 200,000 additional vol-
unteers for the war would be found in our ranks in less than two
months. As the Government has not been able to arm all volunteers
for the war, it has of course declined to arm those who have tendered
their services for twelve months only. Hence it has only accepted
such companies or regiments for twelve months as could come into its
service already armed and equipped. Othera have been rejected, not
only by the will of the Department, but by the stern necessities of
the case. With your approval, it has been the policy of the Depart-
ment, under the law of Congress which gave you the privilege of
accepting men for the war or for twelve months, to arm first those who
offered for the war. The reason of this policy is obvious. As the
enemy calls out men for three years, it is on many accounts highly
desirable that we should not accept them for a shorter period. It
might cover our arms with incalculable disaster and overwhelm our
people with untold calamities if our defensive forces we^^ not as per-
manent as those of the invading foe. But while this has been the
general policy of the Department, exceptions have been gladly made
in favor of those who with arms in their hands have tendered their
services for twelve months.

The law of the last Congress does not leave the question of how our
troops are to be clothed altogether free from doubt. By a law of the
previous Congress commutation was allowed in lieu of clothing, and
by the law first referred to this commutation was fixed at $42 per
annum; but it has also provided that clothing might be supplied to
the troops by the Government if they chose to take what the Govern-
ment might be able to furnish. This is the construction placed upon
the acts referred to by the Attorney-General, whose opinion was solic-
ited by me for the guidance of this Department. It was believed that
it would be impossible for the troops to furnish themselves, and that

32 R R — SERIES IV, VOL I

498 CORRESPONDENCE, ETC.

it would be inhuman in the Government to pretermit this question to
be determined only by the actualities of experience. This conclusion
having been arrived at after giving to the question all the considera-
tion which its importance demanded, the Quartermaster's Department
has been directed to provide clothing for the Army, feeling satisfied
as I do that no army should be left to the hazards of chance or the
possibilities of individual supply for either raiment or food.
Very respectfully,

L. P. WALKER,
Secretary of War.

Havana, Jvly H, 1861.
The Honorable President of the Confederate States of America the
Hon. Jeffbkson Davis and the Members of His Respective

Cabinet :

In compliance with the terms of a contract made and entered into
on May 18, 1861, in Montgomery, Ala., we left New Orleans on the
4th of June following for Vera Cruz, Mexico, to take either the Spanish
or English steamer for the port of Havana. Upon our arrival in
Vera Cruz we found the steamers under their summer arrangements,
and were compelled to remain there until the 2d of July, when we
took the British steamer Clyde for the port of Havana, where we
arrived on the 6th of July. During our stay in Vera Cruz we ascer-
tained some 2,000 stand of arms could be procured there. Through
our friend, Mr. Charles Fuentes, of the mercantile firm of Messrs.
Fuentes, Carran & Co., we procured samples thereof, which were
shown to Col. Theo. Lewis, your confidential agent on our mission,
and approved of by him, both in quality and price. The owner of the
arms resided in Mexico, and in order to effect a purchase thereof an
offer had to be submitted to him, which was done by an express on
the condition that an answer was to be received by the 1st of July.
Fully understanding Col. Theo. Lewis to approve the arms and price,
we made a direct offer of $17 for the lot — 1,000 smooth-bore muskets
and 1,018 rifled muskets — and had an answer been received by the
time named a purchase of the above-named quantity would have
been made. So sanguine were we of getting them we made arrange-
ments with Captain Peterson, of tlie schooner Zora Colorado, for the
safe arrival and delivery of the same within the limits of the Southern
Confederacy for and in consideration of §1,500. Owing to heavy and
almost unprecedented rains the express was prevented from returning
in time, in consequence of which we were unable to get the arms at
that point for shipment. Subsequent to the whole of this Col. Theo.
Lewis informed us in examining the arms and naming the price ($17)
he did so with a view of only ascertaining how low they could be had
and not to pay for the same. After Col. Theo. Lewis had accepted
the arms, both in price and quality, we made a direct and positive
offer of $17 for the same, and in so good faith was the offer made by
us and our friend, Mr. Fuentes, that we each and all considered our-
selves bound to the house for the amount of the purchase money, and
should certainly insisted on having the amount paid then and there.
And to more fully set forth our position in Vera Cruz we beg leave to
inform you when it was anticipated that the arms could not be
shipped prior to the 2d of July, Col. Theo. Lewis required of Mr.
Fuentes security for the faithful shipment of the same, as we had

CONFEDERATE AUTHORITIES. 499

agreed upon for the shipment, to the amount of $60,000, which was
proffered in the person of Mr. Natalie Ulibarri, of the highly respect-
able and wealthy firm of Muriel, Ulibarri & Co., of Vera Cruz and
Mexico, and accepted of by Col. Theo. Lewis by his readily or
willingly assenting thereto.

In relation to our mission while in Vera Cruz we had every assur-
ance of sjTnpathy for the success of our Confederacy and its perma-
nent establishment as a nation that could be given by the officials
thereof. And we were further assured that the Governor of the State
of Vera Cruz had been instructed by the President of the Mexican
Republic to receive and recognize as consul such person as they, the
Confederate States, should appoint. Not only were those good feel-
ings manifested by the authorities of Vera Cruz for us and our cause,
but they seemed to be the unanimous sentiments of a truly sympathiz-
ing community. On the afternoon of July 2 we left Vera Cruz for
this port (Havana) and arrived here safely on the 6th. Immediately
after procuring quarters we called on our friend, Mr. H. Lavedan,
made known our mission, and desired samples of siich things as we
desired.

On Monday, the 8th, samples of muskets, rifles, and sabers were
shown, but at such prices that we immediately protested against the
same. He (Mr. Lavedan) assured us it was a matter he had not the
exclusive control of, but would consult the parties interested and get
the lowest price they could bo had for.

On the 11th we were informed the muskets could be had for S13
each, rifles with bayonets at $26, powder at $7 per keg, lead at 9 cents
per pound, percussion-caps $6 per thousand, which prices Col. Theo.
Lewis thought too exorbitant, and said the necessities of our country
did not warrant him in paying any such prices for the articles, and
he could not in conscience do so with the letter of instructions he
had. We then consulted Mr. H. Lavedan and made known to him
and two of the ofBcials of authority at this place Col. Theo. Lewis'
A'iews and ideas of the prices named and the prices he would pay for
the same, which, in our humble opinion, were so supremely ridiculous
and penurious that our intercourse was cut off on the subject, our
friends and ofBcials declining to negotiate further.

During the time that elapsed in the foregoing negotiations we were
making every exertion in our power to procure a suitable conveyance
for what we thought we might want to ship. We could find no one
who would take the risk unless the freight money was deposited here
(in Havana) to be paid on a receipt duly certified that the goods were
landed "within the limits of the Confederacy." On this point we
could do nothing without Col. Theo. Lewis consented to pay the same
or left the amoiant on deposit. We made known to Col. Theo. Lewis
tlie terms and condition upon which we couM "ship with secrecy" the
arms and ammunition. He peremptorily refused to make any such
deposit, saying that he had no instruction to do so. At tliis point we
found a stumbling-block which had to be surmounted, and desired to
know of Col. Theo. Lewis what his instructions were. On the 15th of
July he read his instructions to us, from which we found he was
instructed to use his judgment in selecting sucli articles as were needed ,
a list of which he had, and which he insisted had to be purchased for
and with the credit of $200,000 he had. We made a brief menial cal-
culation of the peace value of liis list, and readily saw that it would
exceed the amount of his credit near 100 ])cr cent., and we so stated to
him, and used our best persuasive powers to make him see that he was

500 CORRESPONDENCE, ETC.

putting -A false construction thereon. Whether we succeeded or not
we cannot say. We, however, let two daj'S pass over without con-
sulting him in relation to anything.

In the meantime we learned through another channel that large
quantities of ammunition were liere and could be had, the fii'St item
of which was 6,000 or 8,000 kegs cannon and rifle powder. We almost
immediately called upon Colonel Lewis and made known to him the
fact ; told him the price would not exceed $7 per keg, and desired to
know if it would be paid for and freight advanced or deposited for
same. In regard to the purchase ho gave us no definite assurances.
In regard to the freight he positively declined to make any deposit.
Seeing the utter impossibility of our doing anything without first get-
ting his consent, we demanded to know if in case prices could be
agreed upon which he would consent to pay, together with freight
and fee money, if he would buy, as we very positively informed him
unless prices could be agreed upon our mission must end. We desire
you to j)articularly understand us that all those conditions were made
contingent upon his approval of the articles of war and ammunition,
he having in every instance the power and privilege to reject any-
thing he thought not worthy. He desired a list of goods and their
prices, which we gave to him on the eve of Friday, July 19, in the
following communication, which is a true copy of the original:

Havana, July 10, tSGl.
Col. Theo. Lewis,

Confidential Agent of Confederate States of A^ncrica :

Sir: It is in our power to procure, in accordance with our contract of May 18,
18G1, with Maj. J. Gorgas, for and in behalf of the Confederate States, at the
request of the Hon. Jefferson Davis, President thereof, viz, 6,500 infantry muskets,
Spanish pattern, at §13 each; 500 minie rifies, with bayonets, at $36 each; 500
sabers (cavalry), complete, at $13 each; 500 sabers (cavalry) , without belt, at
810.50 each; 5,000 kegs cannon-powder, 25 pounds each, at $6.50 each; 2,000 kegs
HFg rifle-powder, 25 pounds each, at $6.50 each; 50.000 pounds lead, at 9 cents per
pound; 10,000.000 percussion-caps, at $5 per thousand; 500 artillery muskets, with
bayonets, at 813 each; 1,000 cavalry sabers, without belts, at $8 each; SOOartillery
sabers, at 85 each; 500 cavalry revolvers, American pattern, latest improved, at
835 each; 100 dozen 12-inch bowie knives, at SO per dozen; 3,500 Enfield rifles, new
and complete, in transit, at $32.50 each.

If the foregoing prices meet your views samples of everything can be seen, and
subject to your approval or rejection. If the prices do not meet your approbation
there is no use negotiating further. Should purchases be made to any extent we
desire to know positively whether you will make a deposit of the amount of freight
which will have to be paid, as we can make no an-angements except on this basis.
And we desire to further know if in case it becomes necessary to fee any officials
to let the vessel or vessels depart in peace, you will pay such amount as may be
necessary. As we informed you a few days ago that we should return to Rich-
mond as soon as we knew what your final disposition was,' we desire an answer
before or by 8 o'clock this p. m., July 19, as it is our intention to take the first
opportunity to return that presents itself.
Yours, respectfully,

W. G. BETTERTON, Agent.
J. E. CHALARD, Agent.

The foregoing communication was read to Colonel Lewis and his
answer personally requested, as we explained to him at the time, as
we had promised to give some parties from whom part of the things
enumerated had to be purchased a definite answer if we would take
them or not. He declined giving us an answer, as requested, and
entered into a general conversation as to tlie goods, consenting to the
prices named, excepting all the sabers; said lie Avould pay or make a
reasonable deposit of freight and pay all legitimate expenses. In order

CONFEDERATE AUTHORITIES. 501

to avoid all difficulty and trouble we insisted on knowing what he
considered "a reasonable freight." He said Mr. Cahuzac informed
him it could be done for $2,000 or ]ess. We then assured Colonel Lewis
the price named was so miich below what we could get it done for we
solicited him to make the shipping arrangements himself, and we
would renounce one-third of our commission (2| per cent.). He
informed us he was not authorized to do anything of the kind. We
then assured him that we would show him all the samples, assist him
in everything in our power, and renounce the whole of our commis-
sion if he would take upon himself the shipping of the goods, so great
was our anxiety for our country to have what we could get, or get to
the extent of the credit. This proposition he declined, but not with-
out liis remarking tliat it would be far better to purchase a vessel and
ship the goods than to pay any such price as we had led him to
believe would have to be paid. We at no time having named any
given price or sum of freight required, the impracticability of such a
thing we very quickly demonstrated to him, and so the matter was
left for the night, as far as he was concerned. After parting with
Colonel Lewis, 8. 30 p. m. , we sought out the captain we had selected
for our business, explained to him the embarrassments by which we
were surrounded in relation to shipping, and asked his advice. His
reply was that he would give us his reply and views this morning,
July 20, which he has done, and here is a copy thereof, the original
of which is annexed to this report, and is truly worthy of your con-
sideration :

Havana, Jtdy SO, 1861.
Mes.srs. J. E. Chalard and
W. G. Betterton:

Gentlemen and Dear Sirs: In consideration of my regard for the Southern
Confederacy, I agree to take charge of a vessel to be loaded with arms and muni-
tions of war and safely deliver the same within the limits of the Southern Con-
federacy, and leave the compensation to the liberality and good judgment of the
Preaident, the Hon. Jefferson Davis, and his honorable Cabinet.
Yours, very respectfully,

A. L. BAPTISTA,

Captain.

After receiving the above communication Colonel Lewis called upon
us with a copy of a contract and letter of instructions, and informed
us that neither contained any authority for him to make a deposit of
money for the freight, and empliatically declined so to do. We then
showed him a memorandum, of which the following is a copy, of a
synopsis of purchases we should like to make, viz :

5,000 infantry muskets and bayonets, at $13 $65, 000

500 minie rifles, with bayonets, at $26 13,000

5,000 kegs cannon-powder, at $6.50 33,500

1,000 kegs HFg powder, at $6.50 6,500

40,000 pounds lead, at 9 cents - 3,600

7.000,000 C musket caps, at $5 per M 35, 000

500 artillery muskets, with bayonets, at $12 6,000

500 revolvers, latest American pattern, at $35 17, 500

In all - 179,100

Upon which the following freight would have to be paid : Per mus-
ket, 50 cents; per rifle, 50 cents; per keg of powder, 3 shillings; per
pistol, 25 cents ; per ton of lead, $7 ; seventy cases C caps, each $2,
with 5 per cent, primage, amounting in all to $5,859. Not despairing
of being able to make some understanding with Colonel Lewis, we
reopened the whole negotiations, and found up to date, July 20, his

502 CORRESPONDENCE, ETC.

letter of credit or order for the $157,250 on Messrs. Cahiizac & Co.
had not been accepted. We deemed it no more than our duty as j^our
agents to give liim a little friendly counsel, and get the money and
deposit the same in the Bank of Spain. Our reasons for giving this
advice was simply this : On our arrival and since the money market
hei'c has been excessively tight, and the extent of our purchase being
for the amount as per memorandum on folio 9 [page 501], the
amount drawn for might subject tlie parties to some inconvenience
and us to some disappointment, for in pricing the articles and quality
and quantity ve were asked in more tlian one instance how payment
was going to be made. Our i-eply was by draft on IMessrs. Cahuzac
at sight. For the powder and caps this was declined, the parties saj^-
ing they would take a check on the Bank of Spain or the ounces for
their bills, but not a draft on Cahuzac & Co. Whether there was
any foundation for this distrust of the lioiise of Cahuzac & Co. or
not we cannot say, but seeing a feeling of distrust manifested in
tlie community we thought it our duty to have the aforesaid amoxmt
transferred into indisputable safety, knowing full well the Con-
federate States could not afford to have that amount locked up. This
advice, Avhich we thought prudential. Colonel Lewis deemed unworthy
of his consideration, he declining to act accordinglj'.

On the evening of July 20 we introduced the gentlemen from whom
we could procure the munitions of war to Colonel Ijcwis. Thej' dis-
coursed on the subject for some time, during which Colonel Lewis
manifested such a feeling of distrust or want of confidence in them
and ourselves that after we (Colonel Lewis, Messrs. Chalard and
Betterton) left they resolved to have nothing to do with him, and so
informed us, as per the annexed letter from them to us.* And to
this letter we particularly invite your attention, to further show you
with what good feeling and confidence we were esteemed. On our
arrival in Havana, so confident were we of our mission that we advised
Mr. Lavedan of the quantity of arms we wanted. To accommodate
us lie sent to Porto Rico by steamer for 3,000 of the arms and paid
for the same, but in the transaction and interview he had with Col-
onel Lewis he (Colonel Lewis) became so odious that he (Mr. Lavedan)
refused to hold further intercourse with him (Colonel Lewis), and
pocket all the loss attending getting the arms from there, he seeing
very plainly from the spirit of our contract nothing could be done
whilst Colonel Lewis held such reins on our actions.

In relation to the officials of this island, we can assure you greater
sjnnpathy could not be manifested for any cause than the one you
have the honor to direct. As proof of which we will relate a conver-
sation that took place at the Quinta, the summer residence of Marshal
Serrano, the honorable captain-general of Cuba, between him and the
president (judge) of the supreme court of the island :

President of Court. Well, Marshal, how are our friends in the South getting
along ? Have you any late news ?

Marshal S[ERRAN0]. Verywell,an(I advantageously at last accounts. Buthere
is my friend.Mr. Lavedan, an enthusiastic friend and warm admirer of the South,
who can freely express himself on the subject when others who are as good
friends to the South are precluded from manifesting their feelings.

We also have the honor to report that every encouragement was
given us and facility promised by the officials under Marshal Serrano
and other authorities of this place (Havana) to consummate our mis-
sion, when at the same time we were cognizant of the fact that per-

*Not found.

CONFEDERATE AUTHORITIES. 503

emptory orders had been given to let nothing depart for the Northern
section of the States that would come under the description of "arms
and ammunition." While we exceedingly regret that our mission has
not been consummated as it should have been and could have been
had any other officer or agent accompanied us, for any other officer
would have given us encouragement in our mission and would have
let the necessities of our cause give a more liberal spirit of interpreta-
tion to whatever instructions were given, we are glad to be the medium
of communicating to you the great sympathy we have found and of
the ability of furnishing you with far more than we at first promised ;
and under any other auspices than those which have unfortunately
attended us in this would have been consummated to your entire sat-
isfaction and approval. Having done everything in our power to exe-
cute our mission and having failed only through stupidity (if not
worse) of your agent, we think we have justly earned our commissions,
and respectfully ask the same for our trouble and expense.

Cheerfully tendering you our services to return and successfully
execute the mission as first promised, and especially so if sent under
such auspices as we can suggest, and fully appreciating the confidence
you reposed in us in the forenamed mission,

We have the honor to be, your most and very obedient servants,

W. G. BETTERTON.

Vera Cruz, Jidy 27, 1861.
Having read what is said in the above document regarding the
transactions for the 2,018 arms which I had engaged for Messrs. Bet-
terton and Chalard at the price of $17 each, I declare it to be a true
and correct statement of the whole transaction ; also in relation to the
security offered in the person of Mr. Natalie Ulibarri, as required by
the confidential officer, Mr. Theodore Lewis.

CARLOS DE FUENTES,
Of the firm of Fuentes, Carran & Co., of Vera Cruz.

I certify that I consented to give the loading security for Don Carlos
Fuentes, who requested it in view of the demand, as he assured me,
of Mr. Theodore Lewis.

N. ULIBARRI.

Adjutant- General's Office,
Richmond, Va., July 2o, 1861.
General Braxton Bragg,

Commanding, Pensacola, Fla.:
General : In reply to your inquiry respecting rule to be observed
in filling up vacancies occurring in regiments under your command,
the Secretary of War derives the following decision from opinions
given by the Attorney-General :

When troops are organized under State laws and received into service as so organ-
ized, as, for instance, by battalions or regiments, all vacancies occurring are filled
according to State laws; but where independent companies are tendered as such
and so received by the President, all vacancies are filled by his appointment.

I am, sir, respectfully, your obedient servant,

R. H. CHILTON,

Assistant Adjutant- Oeneral.

(Copy of same sent to Col. R. IT. Anderson, Charleston, S. C. ; Brig.
Gen. A. R. Lawtou, Savannali, Ga. ; W. D. De Saussure, Columbia,

504 CORRESPONDENCE, ETC.

S. C. ; Col. W. M. Levy, Second Louisiana Regiment, Yorktown, Va. ;
Maj. D. Beltzhoover, New Orleans.)

Adjutant-General's Office,

Richmond, July 25, 1861.
Maj. H. L. Clay,

Lynchburg :
Major: The general desires to inform you, in reply to remarks
entered upon your report of troops July 18, 1861, that it is decided to
accept all organizations, armed and equipped, for any reasonable time
insuring their useful employment, and all organizations, from a com-
pany up, offered for twelve months' service. He desires that you will
muster in all troops so offering.

I am, sir, your obedient servant,

R. H. CHILTON,
Assistant Adjutant- General.

Executive Department,

Richmond, July S5, 1861.
Hon. L. P. Walker,

Secretary of War of the Confederate States:

Sir: Your communication to the Governor of the 20th instant was
received by him only on yesterday. I am directed by the Governor
to say that the inquiries made in my letter of the 18th were dictated
solely with a view to obviate difficulties which presented themselves
by the proposition to transfer the machinery, &c., taken at Har-
per's Ferry to the Confederate States, and with it the State armory.
To understand these difficulties a few facts will suffice. The General
Assembly of Virginia, to provide for the exigencies foreseen previous
to the secession of the State, directed the State armory to be remod-
eled and to be fitted up with complete machinery for manufacturing
the most efficient arms. For this purpose a contract had been made
with J. R. Anderson & Co. for the machinery necessary, and the pre-
paratorj' work for the building had far advanced, and a part of the
machinery had been completed wlien the Harper's Ferry machinery
was taken. As this machinery was more than sufficient for the pur-
poses of the State armory at Richmond, a portion of it was loaned to
the State of North Carolina, to be used at Fayetteville, and the bal-
ance was intended to be used here. It was supposed that it would be
unnecessarj% therefore, for Anderson & Co. to proceed further in the
execution of their contract, the State holding itself bound for the
work executed by them. A large expenditure had also been made in
preparing the building for machinery.

Besides this, as I stated in my former letter, the State was engaged
in manufacturing gun carriages, caissons, <fcc., under orders from
General Lee, still unexecuted, but only to a limited extent. She had
officers and emploj^es engaged in all these duties. The armory had
been made by law a military post. The Public Guard, a State com-
pany, had been posted there in the neighborhood to act as a guard of
the armory and other public property. Arrangements were necessary
to be made for this company. A considerable number of public arms
were still stored in the armory building. Some arrangement was
necessarj' for these arms. It became absolutely essential under all

CONFEDERATE AUTHORITIES. 505

these considerations, when the convention of the State directed that
the use of the armory should be tendered to the Confederate States
I)}' the Goveruor, that he should know whether the machinery was
intended to be put up in this building or not, and whether the arrange-
ments heretofore existing were to continue.

The Governor, reciprocating fully the desire expressed by you " to
cultivate a spirit of the most perfect harmony and mutual under-
standing between the government of Virginia and the Confederate
(Government, "is gratified to learn from your letter that your "Depart-
ment will take the responsibility of saying that the Confederate Gov-
ernment will assume the liability for all operations Avhlch were in
IJrogress at the time this transfer was made, or which, being then
under contract, are not yet completed, and desires that these oper-
ations may be completed by the officers previously charged with them. "
And, further, that "compensation of the officers and workmen
employed and all other expenses properly incidental to the operations
in question will of course be included in this liability."

With this understanding, no new contracts will be made. The
Governor is gratified also to learn that "it is the present intention of
your Department to continue the operation of the machinery in the
armory at Richmond, and under all circumstances, so long as possible,
to continue the use of the armory for the objects to which it has
been devoted in the service of the Confederate States." As soon as
a suitable person is assigned to the duty by the proper department of
tlie Confederate States, and suitable arrangements can be made to
meet the circumstances detailed in the previous part of this letter,
tlic Governor will designate a proper person to whom the duty of the
transfer will be assigned and a written agreement can be signed by
the parties.

Very respectfully,

GEORGE W. MUNFORD,
Secretary of the Commomvealth.

Butler, Choctav\' County, Ala., July 3G, 1861.
L. P. Walker, Esq. :

Dear Sir: Quite a number of men of undoubted respectability are
anxious to serve the Government on their own account. It is pro-
posed to form a company or companies, proceed against the enemy in
any manner that will cripple the enemy most and do our Government
most service. It is further proposed in forming such companies and
in going to Avar, in order to sustain such companies, to seize, take, and
convey all and every kind of property captured to the use of such
companies. In other Avords, such companies purpose going and fight-
ing without restraint and under no orders and convey the property
captured to their own private use, thereby benefiting their own
pecuniary circumstances as well as doing their own country good
service by crippling the enemy. Our Government will not have us to
support or sustain, and all that such companies desire would be some
verbal orwritten assurance that our Government will not interfere with
our movements or hold us accountable in after time for the part taken
in the premises. As regards the enemy, we will take care of ourselves.
Would the Government look upon us as unlawful bands that ojight
to be disper.sed, capture us, and liold us amenable to the laws of the
countrj'? Or would not the Go\'ernment, as well as all good citizens,

506 CORRESPONDENCE, ETC.

applaud rather than condemn such a movement ? That is a question
I would feel obliged if you will answer me at your earliest convenience.
We have a desperate enemy to contend with, and if necessary must
resort to desperate means. I have been constrained to write you for
information not only for myself, but others concerned, and in doing
so I am OJily actuated by a strong desire for my country's good.
Yours, respectfully, <fec.,

D. M. K. CAMPBELL.

Confederate States of America, War Department,

JRichmond. July 29, 1861.
Major GORGAS,

Chief of Ordnance, &c., C. S. Army:
Sir: a letter has been received at tliis Department from the honor-
able secretary of the Commonwealtli of Virginia detailing the oper-
ations now in progress or under contract in charge of the authorities
of the State of Virginia, and stating the readiness on tlie part of the
Governor of Virginia, "as soon as a suitable person is assigned to the
duty by the proper department of the Confederate States, and suitable
arrangements can be made to meet the circumstances detailed in the
previous part of this letter," to designate a proper person to whom
the duty of the transfer will be assigned, and a written agreement can
be signed by the parties. You have already been commissioned to
represent tlie Confederate Government in the transfer in question.
As soon, therefore, as the operations referred to are completed by the
proper autliorities of the State of Virginia now in charge of them you
are authorized to receive the transfer and to enter into the agreement
proposed on the terms already agreed upon on the part of their gov-
ernment.

Respectfully,

L. P. WALKER,
Secretary of War.

Fayetteville, Tenn., July 29, 1861.
Hon. L. P. Walker,

Secretary of War, Richmond, Va. :
Dear Sir : The undersigned have the honor to inform you that at
and by a meeting of a portion of the citizens of the county of Lin-
coln on this day they were appointed a committee to correspond
with you touching the matters embodied in the following resolution
and proceedings, which were had and done in said meeting, which
proceedings are as follows, to wit:

Resolved, That the chairman appoint a committee of three persons to correspond
with the War Department at Richmond touching the following matters, to wit:
Can the said Department furnish all of our soldiers nowin the field with shoes,
socks, coats, pants, blankets, shirts, and every article necessary to constitute a
soldier's winter dress ? If not all of them can be so furnished, what proportion
can be so supplied by the Department, and to what extent, with each of the
articles making complete a soldier's dress? The object of oiir citizens being, if
the Department cannot furnish all of said necessary winter clothing, shoeing,
&c., to inaugurate a plan by which the deficit, if there should be a deficit, may
be partially supplied.

JAS. G. WOOD,

Chairman.
GEO. J. GOODRICH,

Secretary.

CONFEDEKATE AUTHORITIES. 507

Otir citizens feel a deep solicitude about our soldiers and their com-
fort during the approaching winter, and knowing that our ports were
\inder a bloclcade, that our manufactures of woolen goods are on a
scale of diminution entirely disproportioned to the wants of our
people and of our Army, and that our funding and financial system
and also our system of government are yet without consolidation and
organized system, we have apprehended that the Department would
1)0 unable to furnish all the comforts of clothing so necessary to shield
the soldier from tlio blasts of winter. We therefore desired to know
whotlier the Government wants aid and co-operation in the premises.
If Government is unable to furnish all, we desire to know it at an
early day, that we may take such steps as to effect all that we can in
tlie premises. From our wool we can make blankets, clothing, and
socks, and clothe every man we have in the field (about 900) if neces-
sary, and wo trust that the Secretary of War may be pleased to inform
us at an early day touching the above inquiries. The committee also
respectfully suggest to the Department, if the Government has to
rely upon private contribution, that some plan may be adopted at
Richmond by the Department looking to the unity and co-operation
of the people of every county in the South in the premises, and that
said plan be published in all the papers of the South. Pardon the
committee and those whom we represent for these suggestions, for,
knowing that we are all animated by the one high and holy purpose
of achieving and maintaining our independence, we thought wo could
do no less.

Trusting, sir, that our war may be as successful as your labors are
arduous, and that the honorable Mr. Walker may be pleased to give
the undersigned an answer as early as possible.

We have, sir, the honor to be, very respectfully, your obedient
servants,

JOEL J. JONES,
JACOB GILLESPIE,
DAVID F. ROBERTSON,

Committee.

Confederate States op America, War Department,

Richmond, July 29, 1861.
His Excellency John Letcher,

Governor of Virginia:
Sir: The letter of the Secretary of the Commonwealth, of Virginia
detailing the operations in the Virginia armory at Richmond, now in
charge of the authorities of the State of Virginia, has been received.
This Department is gratified to know that its late letter on tlio sub-
ject of the proposed transfer was satisfactory to Your Excellency,
and cordially reciprocates the kindly feelings expressed by Your
Excellency toward tlie Confederate Government. The operations
leferred to are only such as this Department fully approves, and Avill
doubtless be faithfully and satisfactorily executed by the officers now
charged with them. It is finally stated that —

As soon as a suitable person is assigned to the duty by the proper department
of the Confederate States, and suitable arrangements can be made to meet the
circumstances detailed in the previous part of this (youi-) letter, the Governor
will designate a proper person to whom the duty of the transfer will be assigned,
and a written agreement can be signed by the parties.

508 CORRESPONDENCE, ETC.

Major Gorgas is anthorized to represent this Government in the
transfer proposed, and will, therefore, as soon as the arrangements
referred to are completed, enter on the part of the Government with
the written agreemeiit proposed.
Very respectfullj',

L. P. WALKER,
Secretary of War.

A RESOLUTION to dispose of donations made by certain churches on the late

fast day.

Resolved hij the Congress of the Confederate States of America,
That the sum of So, 278. 88, reported by the Secretary of the Treasury
as received into the Treasury from donations by churches on the late
fast day, be appropriated as a fund for the use of the soldiers and
officers wounded at the late battle of Manassas, and that the same be
disbursed and applied by the Secretary of the Treasury, with the con-
currence of the chairman of the committee of this House.

Approved July 30, 1861.

RESOLUTIONS in relation to the First Regiment of North Carolina Volunteers.

Resolved hy the Congress of the Confederate States of America,
That the President be, and he is hereby, authorized to receive and
mxister into the service of the Confederate States of America the First
Regiment of North Carolina Volunteers, now stationed at Yorktown,
for the term of six months from the time they were sworn in and
mustered into the service of North Carolina, and to discharge them
after the expiration of that period ; said period to commence at the
time the first companj' of said regiment was mustered into the service
of North Carolina.

Resolved further, That the cadets from the North Carolina Insti-
tute, at Charlotte, who may have been acting with said i-egiment be
mustered into the service in the same manner as the residue of the
regiment and recognized as part thereof, with the pay of privates.

Approved July 30, 1861.

Special Orders, ) Adjt. and Insp. General's Office,

No. 110. J" Richmond, July 30, 1861.

IX. Surg. Samuel P. Moore, Medical Department, is assigned to
duty in this city as Acting Surgeon-General, C. S. Army. He will
relieve Surg. Charles II. Smith, in charge of the Medical Bureau.
By command of the Secretarj^ of War:

JNO. WITHERS,
Assistant Adjutant- Oeneral.

Executive Department,

Richmx)nd, July 31, 1861.
Hon. Howell Cobb,

President of the Congress:
Sir: In accordance with a resolution of the Congress adopted on
the 29th instant, I herewith transmit a copy of the report of Lieut. Col.

CONFEDERATE AUTHORITIES. 509

James H. Burton, in charge Virginin, ordnance, to Maj. J. Gorgas,
Chief of Ordnance.

JEFFERSON DAVIS.

[IncloHuro.]

Confederate States Armory,

Richmond, July 20, 1861.
Maj. J. Gorgas,

Chief of Ordnance :

Sir: Witli reference to the subject of the pi-opriety or oxi)ediency
of allowing selections to be made from among the machines for the
manufacture of rifle muskets — removed to this armory from Harper's
Ferry — with a view to the use of the machines so selected at other
places, I beg to submit for your information, and in compliance with
your request, the following remarks:

It is, I find, a prevailing impression among the several persons in-
terested in the proposed separation of a portion of this machinery for
use elsewhere that the plant of machinery now here is composed for
the most part of different classes of machines, of which one machine
is a type of many; and from this it is argued that the detachment
of one or two machines of each class will only have the effect of
i-educing the product of the armory to the extent of the productive
capacities of the machines so detached. This impression is very
erroneous, with but little exception.

The most numerous class of machines now in the armory is that
known as "milling machines," and, so far as the machines themselves
are concerned, one may be regarded as the type of the whole class.
But each machine is fitted with a special apparatus for holding the
part to be operated upon in one particular position; and it is also
fitted with a set of " cutters" of special .shape for milling the part so
held. In this way the set of milling machines is made up of a num-
ber of machines fitted apparently to the unpracticed observer for
doing the same work, whilst, in fact, each one is set apart for the per-
formance of some one particular operation, which none of tlie others
can be spared to do without seriously deranging the whole system.
In the set of milling machines for milling barrels, for instance, the
detachment of any one of the set, of Avhieh there is no duplicate
employed, would have the effect of rendering it necessary to supply
its place with another machine of the same kind, and which could not
be spared from any other operation. The result is obvious. And so
with reference to the set of machines for milling bayonets or any other
important component part of the arm. In some cases there may be
duplicate milling machines employed, but it is quite obvious that the
detachment of one of such duplicate machines, although apparently
an insignificant draft upon the entire machinery of the armory, would
have the effect of reducing the product of the armory just one-half.

The set of machines for making stocks comprises fifteen distinct
machines, each of which differs essentially from the rest. The detach-
ment of any one of them would entirely stop the manufacture of this
component by the system now pursued.

The machinery now in this armory comprises a complete set, equal
to the production of about 15,000 arms per annum, and there being no
surplus or spare machines, the separation of any one or more of them
would so seriously affect the productive capacity of the whoh; that I
am constrained to recommend in the strongest terms the preservation

510 CORRESPONDENCE, ETC.

of the whole system in its present entirety, as being the course most
likely to produce a result satisfactorj"^ to the Government, inasmuch
as it is expected that in a comparatively short time the whole will be
successfullj' at work producing the minie musket.

I have the honor to be, sir, your most obedient servant,

JAS. H. BURTON,
Ldeutenant- Colonel, Virginia Ordnance, in Charge.

Confederate States of America, War Department,

Richmond, July 31, 1861.
Hon. Howell Cobb,

President of the Confederate States Congress :
Sir : I have the Ivonor to acknowledge the receipt of a communication
from the Secretary of the Confederate Congi-ess, dated July 20, inclosing
the following resolutions, adopted by the Congress on the 27tli instant:

Resolved, That the Secretary of War be requested to inform Congress whether
his Department has made contracts for the manufacture of powder of the different
grades and varieties required in the military service of the Confederate States;
whether the persons with whom such contracts have been made have yet fulfilled
their contracts, in whole or part, and whether they are actually engaged in the
execution of their contracts, and whether they possess the requisite material for
the enei'getic and prompt execution thereof.

Resolved, That the Secretary of War be requested to furnish for the use of this
Congress a complete list of all appointments made in the permanent Army of the
Confederate States, with the rank and date of appointment, the State of the
appointee, and when the appointee is a resigned officer of the U. S. Army showing
his rank in that Army at the time of his resignation, the date of his commission
or appointment, and the State from which appointed.

In reply to the first of these resolutions I have the honor to state
that this Department has made contracts for the manufacture of pow-
der of the different grades and varieties required in the military serv-
ice of the Confederate States in quantities believed to be sufficient for
the probable exigencies of the service ; that of the varieties required
for small-ai-ms, muskets, or rifles, lai'ge quantities are already on
hand, not less than 20,000,000 of cartridges in quantity being now in
our possession — more than sufficient, according to the ordinary esti-
mate, to supply an army of 400,000 men for twelve months, besides a
sufficiency of cannon-powder for present iise ; that large contracts for
the manufacture of all the necessary varieties of powder have been
made, both in this country and in Europe; that in no case have
deliveries j'et been made, but that the contracts are now in course of
execution, and the parties contracting are believed in all cases to be
competent for the faithful execution of tlieir contracts and to possess
the requisite material for the energetic and prompt fulfillment of the
same. Preparations for the manufacture of powder within the limits
of the Confederate States are progressing on a large scale. The Gov-
ernment is in possession of large quantities of sulphur and saltpetei-,
and it is hoped that it will not be long before the Confederate States
will be independent of foreign supplies in this important munition of
war. The arrangements made in Europe for the purchase of powder
are believed to be complete and satisfactory. A large quantity has
been already purchased, which Avill be ready for early shipment, and
arrangements have been made for its importation which it is confi-
dentlj' hoped will elude the utmost vigilance of the blockade.

CONFEDERATE AUTHORITIES. 511

In conformity with the second of the above resolutions, the list
therein asked for is herewith transmitted.* A considerable number
of these appointments still await confirmation.

I have the honor to be, sir, very respectfully,

L. P. WALKER,
Secretary of War.

Executive Department,

Richmond, July 31, 1861.
Maj. J. GoRGAS,

Chief of Ordnance, C. S. Army :
Sir: The Governor has received your letter of the 30th instant, and
requests me to reply that in my letter to the honorable the Secretary
of War dated the 25th of the present month I stated that —

As soon as a suitable person is assigned to the duty by the proper department of
the Confederate States, and suitable arrangements can be made to meet the cir-
cumstances detailed in the previous part of this letter, the Governor will desig-
nate a proper person to whom the duty of the transfer will be assigned, and a
written agreement can be signed by the parties.

You say in your letter "it is indispensable to the vigorous prosecu-
tion of the public work that the authorities of the Confederate States
should have exclusive control over all the public buildings apper-
taining to the armory;" and yet the Governor has not been apprised
that any person has been appointed or assigned to the duty of making
the suitable arrangements to carry out the transfer "by written agree-
ment" to "be signed by the parties." You remark:

For this purpose it is proposed that the stock of small-arms now there belonging
to the State of Virg^inia be turned over to the Confederate States and repaired at
their expense. Issues from arms so repaired will be made, of course, to troops
from Virginia equally with other troops.

This subject of the arms belonging to the State was expressly stated
in my letter to be one of the subjects upon which some arrangement
was necessary, and for which arrangement some person should be
appointed and some written agreement entered into. The State of
Virginia has with liberality and cordiality armed a large number of
the Confederate troops from her limited supply of arms, and she
wishes to reserve the arms now left in her armory for a case of emer-
gency, when it may be requisite to give them to her unarmed militia.
She had already made arrangements for repairing and percussioning
these guns. Under these circumstances the Governor believed that
the Confederate States might continue the arrangements made for
repairing and percussioning and agree to reserve these anas for the
use of the State. This was a matter reserved for agreement. You
remark :

It is highly desirable that the erecting of carriages and caissons be pushed to
completion as fast as possible, and that the office of the colonel of ordnance and
the Public Guard be removed, in order that the control of the establishment should
be completely in the hands of the Confederate States.

In the letter of the Honorable Secretary of War, before alluded to,
he uses the following language, that the Confederate Government
"desires that these operations may be completed by the officers pre-
viousl5'^ charged Avith them." When the operations are completed the
officers will no longer be necessary. This was one of the details which

* Omitted.

612 CORRESPONDENCE, ETC.

it was supposed would be settled by written agreement. The Gov-
ernor again reiterates his desire to promote earnestly the good of the
common cause and to throw no obstacles in the way needlessly; but
the transfer of a large State establishment like the armory, the right
of property in which is to be retained by the State, requires formal-
ities and written agreements by properly authorized agents which
cannot be dispensed with.

Among tlie subjects requiring consideration and adjustment is one
which I have not previously mentioned, but must be brought to the
notice of the Confederate Government. It is this: The water-power
by which the machinery at the armory is propelled does not belong to
the State, but is rented by the State from the James River and Kana-
Avha Company. For this water-power the State pays about the sum
of 61,200 anniially. It is but reasonable that in the transfer of the
armory the Government of the Confederate States should assume to
pay for the use of the water while used by them. This is another sub-
ject requiring arrangement. As to the Public Guard, it was expected
by the Governor that other quarters should be provided for them by
the State.

In conclusion, yon request that the Governor "will give such direc-
tions as will lead to the complete evacuation of the buildings at as
early a day as practicable." The whole subject is left, under my let-
ter of the 25th instant, in the control of the Secretary of War. It will
be attended to with pleasure "as soon as a suitable pei"son is assigned
to the duty by the proper department of the Confederate States and
suitable arrangements can bo made to meet the circumstances detailed "
and "a written agreement can be signed by the parties."
Very respectfully,

GEORGE W. MUNFORD,
Secretary of the Commonwealth.

Confederate States of America, AVar Department,

Richmond, July 31, 1861.
His Excellency Thomas O. Moore,

Neiu Orleans, La.:
Sir : In reply to Your Excellency's letter of the 23d instant I have
to reply that the law requires troops to clothe themselves; but this
Department is making every possible exertion to complete an arrange-
ment to furnish them with clothes, believing, however, that it will be
impossible to do so very soon.
Very respectfully,

A. T. BLEDSOE,
Chief of Bureau of War.

Richmond, August 1, 1861.

Hon. IIOWELL CORB,

President of Congress of Confederate States:
Sir: I have the honor to acknowledge the resolution of inquiry of
this date in relation to the commissariat of the Confederate States,
and to reply that its condition is, in my judgment, quite as good as
was reasonable to expect. The occupation of the railroads in the
transportation of troops and munitions of war has interfered with
the collection of the desired supply of bacon, but no complaint of a

CONFEDERATE AUTHORITIES. 513

sufficiency of rations has reached me until within a few days past. I
liave been informed of a failure of issues to troops at Manassas; the
chief commissary there has communicated to me that the failure was
restricted to the articles of hard bread and bacon. As this, however,
was not consistent with the complaint made, inquiries have been
instituted as well to remedy any existing irregularities as to prevent
such occurrence in future.

JEFF'N DAVIS.

A TREATY of friendship made and concluded at the Seminole council-house,
in the Seminole Nation, west of Arkansas, on the first day of August, A. D.
one thousand eight hundred and sixty-one, between the Confederate States of
America, by Albert Pilce, commissioner with plenary powers of the Confeder-
ate States, of the one part, and the Seminole Nation of red men, by its chiefs,
headmen, and warriors in general council assembled, of the other part.

The Congress of the Confederate States of America having, by "An
act for the protection of certain Indian tribes," ajjproved the twenty-
first day of May, A. D. one thousand eight hundred and sixty-one,
offered to assume and accept the protectorate of the several nations
and tribes of Indians occupying the countrj' west of Arkansas and
Missouri, and to recognize them as their wards, subject to all the
rights, privileges, and immunities, titles, and guarantees with each
of the said nations and tribes under treaties made with them by the
United States of America; and the Seminole Nation of red men having
assented thereto upon certain terms and conditions :

Xow, therefore, the said Confederate States of America, by Albert
Pike, their commissioner, appointed by the President, under authority
of the act of Congress in their behalf, with plenary powers for these
purposes, and the Seminole Nation, in general council assembled, have
agreed to the following articles, that is to say :

Article I. There shall be perpetual peace and friendship between
the Confederate States of America and all of their States and people
and the Seminole Nation of red men and all its towns and individuals.

Art. II. The Seminole Nation of red men acknowledges itself to be
under the protection of the Confederate States of America, and of no
other power or sovereign whatever, and doth hereby stipulate and agree
with tl\em that it will not hereafter, nor shall any of its towns or indi-
viduals, contract any alliance or enter into any compact, treaty, or
agreement with any individual State or with a foreign power : Provided,
That it may make such compacts and agreements with neighboring
nations and tribes of Indians for their mutual welfare and the preven-
tion of difficulties as may not be contrary to this treaty or inconsistent
with its obligations to the Confederate States ; and the said Confeder-
ate States do hereby assume and accept the said protectorate, and
recognize the said Seminole Nation as their ward; and by the consent
of the said Seminole Nation, now here freely given, the country whereof
it is proprietor in fee, as the same is hereinafter defined, is annexed to
1 he Confederate States, in the same manner and to the same extent as
it was annexed to the United States of America before that Govern-
ment Avas dissolved, with such modifications, however, of the terms of
annexation and upon such conditions as are hereinafter expressed, in
addition to all the rights, privileges, immunities, titles, and guarantees
with or in favor of the said nation under treaties made with it and
under statutes of the United States of America.

33 R R — SERIES IV, VOL I

514 CORRESPONDENCE, ETC.

Art. III. The following shall constitute and remain the boundaries
of the Seminole country, viz : Beginning on the Canadian River a few
miles east of the ninety-seventh parallel of west longitude, where
Ok-hai-ap-po, or Pond Creek, empties into the same; thence due north
to the North Fork of the Canadian; thence up the said North Fork of
the Canadian to the southern line of the Cherokee country ; tlience with
that line west to the one-hundredth parallel of west longitude; thence
south along said parallel of longitude to the Canadian River, and
thence down and with that river to the place of beginning.

Art. IV. The Seminole Nation hereby gives its full, free, and
unqualified assent to those provisions of the act of Congress of the
Confederate States of America entitled "An act for the protection
of certain Indian tribes," approved the twenty-first day of May,
A. D. one thousand eight hundred and sixty-one, whereby it was
declared that all the reversionary and other interest, right, title,
and proprietorship of the United States in, unto, and over the Indian
country in which that of the said nation is included should pass to
and vest in the Confederate States; and whereby the President of the
Confederate States was authorized to take military possession of all
said country; and whereby all the laws of the United States, with the
exception thereinafter made, applicable to and in force in said coun-
try and not inconsistent with the letter or spirit of any treaty stipula-
tions entered into with the Seminole Nation, among others were
re-enacted, continued in force, and declared to be in force in said
country as laws and statutes of the said Confederate States: Provided,
however, And it is hereby agreed between the said parties that what-
ever in the said laws of the United States contained is or may be
contrary to or inconsistent with any article or provision of this treaty
is to be of none effect henceforward, and shall upon the ratification
hereof be deemed and taken to have been repealed and annulled as of
the present date ; and this assent, thus qualified and conditioned, shall
relate to and be taken to have been given upon the said day of the
approval of the said act of Congress.

Art. V. The Confederate States of America do hereby solemnly
guarantee to the Seminole Nation, to be held by it to its own use and
behoof in fee simple forever, the lands included within the boundaries
defined in the preceding article of this treaty, to be held by the people
of the said nation in common, as they have heretofore been held, so
long as grass shall grow and water run, if the said nation shall so
please, but with power of making partition thereof and disposition of
the same by laws of the nation duly enacted ; by which partition or
sale title in fee simple absolute shall vest in parceners and purchasers
whenever it shall please the nation, of its own free will and accord
and without solicitation from any quarter, to do so ; which solicitation
the Confederate States hereby solemnly agree never to use; and the
title and tenure hereby guaranteed to the said nation is and shall be
subject to no other conditions, reservations, or restrictions whatever
than such as are hereinafter specially expressed.

Art. VI. None of the said lands hereby guaranteed to the Seminole
Nation shall be sold, ceded, or otherwise disposed of to any foreign
power, or to any state or government whatever; and in case any
such sale, cession, or disposition should be made without the consent
of the Confederate States, all the said lands shall thereupon revert to
the Confederate States.

Art. VII. It is further hereby agreed and stipulated that no part
of the tract of country hereinbefore guaranteed to the Seminole Nation,

CONFEDERATE AUTHORITIES. 515

being the same tliat was ceded to it by the treaty of the seventh day
of August, A. D. one thousand eight hundred and fifty-six, between
the United States of America and the Creek and Seminole Nations
of Indians, shall ever be sold or otherwise disposed of without the
consent of both of said nations being legally given.

Art. VIII. The Confederate States of America do hereby solemnly
agree and bind themselves that no State or Territory shall ever pass
laws for the government of the Seminole Nation ; and that no portion
of the country hereby guaranteed to it shall ever be embraced or
included within or annexed to any Territory or province; nor shall any
attempt ever be made, except upon the free, voluntary, and unsol icited
application of tlie said nation, to erect the said country, bj' itself or
with any other, into a State or any otlier territorial or political organ-
ization, or to incorporate it into any State previously created.

Art. IX. So far as may be compatible with the Constitution of tlie
Confederate States, and with the laws made, enacted, or adopted in
conformity thereto, regulating trade and intercourse with the Indian
tribes as the same are limited and modified by this treaty, the Semi-
nole Nation shall possess the otherwise unrestricted right of self-
government and full jurisdiction, judicial and otherwise, over persons
and property within its limits, excepting only such white persons as
are not, by birth, adoption, or otherwise, members of either the Semi-
nole or Creek Nation; and that there may be no doubt as to the
meaning of this exception it is hereby declared that every white per-
son who, having married a Seminole or Creek woman, resides in the
said Seminole country, or who, without intermarrying, is permanently
domiciled therein with the consent of the authorities of the nation
and votes at elections, is to be deemed and taken as a member of the
said nation within the true intent and meaning of this article ; and
that the exception contained in the laws for the punishment of
offenses committed in the Indian country, to the effect that they shall
not extend or apply to offenses committed by one Indian against the
person and projjerty of another Indian, shall be so extended and
enlarged by virtue of this article when ratified, and without further
legislation, as that none of said laws shall extend or apply to any
offense committed by any Indian or negro or mulatto, or by any such
white person, so by birth, adoption, or otherwise, a member of the
Seminole or Creek Nation against the person or property of any
Indian, negro, or mulatto, or any such white person, when the same
shall be committed within the limits of the said Seminole Nation as
hereinbefore defined ; but all such persons shall be subject to the
laws of the Seminole Nation and to prosecution and trinl before its
tribunals, and to punishment according to such laws in all respects
like native members of the said nation.

Art. X. All persons who are not members of either the Seminole or
Creek Nation found in the Seminole countrj' as hereinbefore limited,
shall be considered as intruders and be removed and kept out of the
same, either by the civil officers of the nation, under t\w. direction of
the Executive, or tlic general council, or by the agent of the Confed-
erate States for the nation, who shall be authorized to demand, if
necessarj', the aid of the military for that purpose, with the following
exceptions only; that is to say, such individuals with their families
as maj' be in the employment of the Government of the Confederate
States; all persons peaceably traveling or temporarily sojourning in
the country, or trading therein under license from the proper author-
ity; and such persons as may be permitted by the Seminoles or

516 CORRESPONDENCE, ETC.

Creoles, witli the assent of the agent of the Confederate States, to
i-eside within their respective limits without becoming members of
either of sfiid tribes.

Art. XI. A tract of two sections of land, to be laid off nnder the
direction of the President of the Confederate States, and to include
the site of the present Seminole agency, whereon the public buildings
of that agencj' have been erected, is "hereby reserved to the Confed-
erate States and not included In the guarantee of lands aforesaid, but
sliall bo within the sole and exclusive jurisdiction of the Confederate
States, except as to members of the Seminole or Creek Nation as
above defined, all offenses committed by whom thereon shall be pun-
ished bj' the laws and courts of the Seminole Nation whenever they
would be so punished if committed elsewhere in the nation : Provided,
Tliat whenever the agency for the said nation shall be discontinued
bj' tlie Confederate States, and an agent no longer appointed, the said
tract of two sections of land shall pass to and vest absolutel}' in the
Seminole Nation in the same manner as its other lands, with all the
buildings that may be thereupon.

Art. XII. The Confederate States shall have the right to build,
establish, and maintain such forts and military posts, temporary or
permanent, and to make and maintain such military and post roads
as the President may deem necessary in the Seminole country; and
the quantity of one mile square of land, including each fort or post,
shall be reserved to the Confederate States, and within their sole and
exclusive jurisdiction, so long as such fort or post is occupied; but no
greater quantity of land beyond one mile square shall be used or
occupied, nor any greater quantity of timber felled than of each is
actually requisite; and if in the establishment of sucli fort, post, or
road, or of the agency, the property of any individual member of the
Seminole Nation, or any property of thei nation itself, other than land,
timber, stone, and earth, be taken, destroj^ed, or injured, ju.st and
adeqiiate compensation shall be made by the Confederate States.

Art. XIII. The Confederate States, or any company incorporated
by them, or any one of them, shall have the right of way for railroads
or telegraph lines through the Seminole country; but in tlie case of
any incorporated company, it shall have such right of way only upon
such terms and pajanent of such amount to the Seminole Nation as
maj' be agreed upon between it and the National Council thereof; or,
in case of disagreement, by making full compensation, not only to
individual parties injured, but also to the nation for the right of way;
all damage and injury done to be ascertained and determined in such
manner as the President of the Confederate States shall direct. And
the right of way granted by said nation for any railroad shall be per-
petual, or for such shorter term as the same may bo granted, in the
same manner as if no reversion of their lands to the Confederate
States Avere provided for, in case of abandonment by them or of
extinction of their tribe.

jVrt. XIV. No person shall settle, farm, or raise stock within the
limits of any post or fort, or of the agency, except such as are or may
be in the employment of the Confederate States in some civil or mili-
tary capacity, or such as, being subject to the jurisdiction and laws
of the Seminole Nation, are permitted by the commanding officer of
the post or fort or by the agent to do so upon the reserve.

Art. XV. The Confederate States shall protect the Seminoles from
doniestic strife, from hostile invasion, and from aggression by other
Indians and white persons not subject to the jurisdiction and laws of

CONFEDERATE AUTHORITIES. 517

the Seminole Nation; and from all injuries resulting from such inva-
sion or aggression full indemnity is hereby guaranteed to the party or
parties injured out of the Treasury of the Confederate States upon
the same principle and according to the same rules upon which white
persons are entitled to indemnity for injuries or aggressions committed
upon them by Indians.

Art. XVI. No person shall hereafter be licensed to trade with the
Seminoles except by the agent and with the advice and consent of the
National Council, which advice and consent, however, shall not be nec-
essary in the case of traders now trading under license until the expi-
ration of the year one thousand eight hundred and sixty-two. Every
licensed trader shall execute bond to the Confederate States in such
form and manner as was required by the United States or as may be
required by the Bureau of Indian Affairs ; and no appeal sliall here-
after lie to any officer whatever from the decision of the agent refusing
license to any applicant.

Art. XVII. All persons licensed by the Confederate States to trade
with the Seminoles shall be required to pay to the authorities of the
Seminole Nation a moderate annual compensation for tlie land and
timber used by them, the amount of such compensation in each case
to be assessed by the proper authorities of tlie said Seminole Nation,
subject to the approval of the Confederate States agent therefor.

Art. XVIII. It is further hereby agreed that no license shall here-
after be granted to any trader who is in arrear on account of any
amount legally assessed to be paid by him as compensation for land
and timber used, and that any license hereafter granted shall be
revoked on failure or refusal to pay in due time the amount that may
be therefor legally assessed in any years. And when a renewal of
license is refused any trader he shall, nevertheless, be entitled, if he
be not a dangerous or improper person, to remain in the Seminole
country such reasonable length of time as may, in the opinion of the
agent, be necessary for the purpose of collecting such debts as may
be due him, being during sucli time under the protection of the laws
of the Confederate States as a person peaceably sojourning in the
country.

Art. XIX. All restrictions or limitations heretofore imposed or
existing by treaty, law, or regulation upon the right of any member
of the Seminole Nation freely to sell and dispose of to any person
whatever any chattel or article of personal property whatever are
herebj' removed and annulled, except such as the laws of the nation
itself may have created.

Art. XX. An agent of the Confederate States and an interpreter
shall continue to be appointed for the Seminole Nation, botli of wliom
shall reside at the agencj'; and whenever a vacancy shall occur in
eitlier of the said offices the authorities of the nation shall be con-
sulted as to the person to be appointed to fill tlie same, and no one
shall be appointed against whom they in good faith protest; and the
agent maybe removed on petition and formal cliarges i)ref erred by the
constituted authorities of the nation, the President being satisfied
upon investigation that there is sufficient cause for such removal.

Art. XXI. The Seminole Nation may, by act of its legislative
authorities, receive and incorporate in itself as members of the nation
or permit to settle and reside upon tlie national lands such Indians of
any other tribe as to it may seem good, and may sell to such Indians
portions of land, in fee or by less estalo, or lefiso them portions tliereof
for j^ears or otherwise, and receive to its own use the price of such

518 CORRESPONDENCE, ETC.

sales or leases; and it alone shall determine who are members and
citizens of the nation entitled to vote at elections, hold office, or share
in anniiities or in the common lands : Provided, That when persons of
another tribe shall once have been received as members of the Semi-
nole Nation they shall not be disfranchised or subjected to any other
restrictions upon the right of voting than such as shall apply to the
Seminoles themselves. But no Indians other than Seminoles and Creeks
not now settled in the Seminole country shall be permitted to come
therein to reside without the consent or permission of the legislative
authority of the nation.

Art. XXII. If any citizen of the Confederate States or any other
persons not being permitted to do so by the authorities of said nation
or authorized by the terms of this treaty shall attempt to settle upon
any lands of the Seminole Nation he shall forfeit the protection of the
Confederate States, and such punishment shall be inflicted upon him,
not being cruel, unusual, or excessive, as may have been previously
prescribed by law of the nation.

Art. XXIII. No citizen or inhabitant of the Confederate States
shall pasture stock on the lands of the Seminole Nation under the
penalty of $1 per head for all so pastured, to be collected by the
authorities of the nation; but their citizens shall be at liberty at all
times, and whether for business or pleasure, peaceably to travel the
Seminole country and to drive their stock to market or otherwise
through the same, and to halt such reasonable time on the waj' as may
be necessary to recruit their stock, such delay being in good faith for
that purpose. It is also further agreed that the members of the Sem-
inole Nation shall have the same right of traveling, driving stock, and
halting to recruit the same in any of the Confederate States.

Art. XXIV. The officers and people of the Seminole and Creek
Nations, respectively, shall have at all times the right of safe conduct
through the lands of each other; and the members or each nation
shall have the right, freely and without seeking license or permission,
to settle within the country of the other, and shall thereupon be enti-
tled to all the rights, privileges, and immunities of members thereof,
including the right of voting at all elections and being deemed qual-
ified to hold office, and excepting only that no member of either nation
shall be entitled to participate in any funds belonging to the other
nation. Members of either nation shall have the right to institute
and prosecute suits in the courts of the other under such regulations as
may from time to time be prescribed by their respective Legislatures.

Art. XXV. Any person duly charged with a criminal offense
against the laws of either the Seminole or Creek Nation and escaping
into the jurisdiction of the other shall bo promptly surrendered upon
the demand of the proper authority of the nation within whose juris-
diction the offense shall be alleged to have been committed.

Art. XXVI. The Seminole Nation shall promptly apprehend and
deliver up all persons accused of any crime against the laws of the
Confederate States or any State thereof who may be found within its
limits, on demand of any proper officer of a State of the Confederate
States; and the authorities of each of said States shall in like manner
deliver up, on demand of the executive authority of the Seminole
Nation, any person subject to the jurisdiction of the tribunals of such
nation and accused of any crime against its laws.

Art. XXVII. In addition to so much and such parts of the acts of
Congress of the United States enacted to regulate trade and inter-
course with Indian tribes and to preserve peace on the frontiers as

CONFEDERATE AUTHORITIES. 519

may have been re-enacted and continued in force by the Confederate
States, and as are not Inconsistent with the provisions of this treaty,
so much of the laws of the Confederate States as provide for the
punishment of crimes amounting to felony at common law or by stat-
ute against the laws, authority, or treaties of the Confederate States,
and over which the courts of the Confederate States have jurisdiction,
including the counterfeiting the coin of the Confederate States or of
the United States, or the securities of the Confederate States, or in
uttering counterfeit coin or securities, and so much of such laws
as provides for the punishment of violators of neutrality laws and
resistance to the process of the Confederate States and all the acts of
the Provisional Congress providing for the common defense and wel-
fare, so far as the same are not locally inapplicable, shall hereafter
be in force in the Seminole country.

Art. XXVIII. Whenever any person who is a member of the Sem-
inole Nation shall be indicted for any offense in any court in the Con-
federate States, or in a State court, he shall be entitled as of common
right to subpoena, and, if necessary, compulsory process for all such
witnesses in his behalf as his counsel may think material for his
defense ; and the costs of process for such witnesses and of service
thereof, and the fees and mileage of such witnesses, shall be paid by
the Confederate States, being afterward made, if practicable, in the
case of conviction, of the property of the accused. And whenever
the accused is not able to employ counsel, the court shall assign him
one experienced counsel for his defense, who shall be paid by the Con-
federate States a reasonable compensation for his services, to be fixed
by the court and paid upon the certificate of the judge.

Art. XXIX. The provisions of all such acts of the Congress of the
Confederate States as may now be in force, or as may hereafter be
enacted for the purpose of carrying into effect the provisions of the
Constitution in regard to the redelivery of fugitive slaves or fugitives
from labor and service, shall extend to and be in full force within the
said Seminole Nation, and shall also apply to all cases of escape of
fugitive slaves from the said Seminole Nation into any other Indian
nation or into one of the Confederate States, the obligation upon each
such nation or State to redeliver such slaves being in every case as
complete as if they had escaped from another State, and the mode of
procedure the same.

Art. XXX. Persons belonging to the Seminole Nation shall here-
after be competent witnesses in all cases, civil and criminal, in the
courts of the Confederate States, unless rendered incompetent from
some other cause than their Indian blood or descent.

Art. XXXI. It is hereby further agreed by the Confederate States
that all the members of the Seminole Nation, as hereinbefore defined,
shall be henceforward competent to take, hold, and pass, by purchase
or descent, lands in any of the Confederate States heretofore or here-
after acquired by them, and to sue and implead in any of the courts
of each of the States in the same manner, and as fully and under the
same terms and restrictions and on the same conditions only, as citi-
zens of another of the Confederate States can do.

Art. XXXII. Whenever regular courts of justice shall be estab-
lished in the Seminole Nation the oflSeial acts of all its judical officers
shall have the same effect, and be entitled to the like faith and credit
everywhere, as the like acts of judicial ofiBcers of the same grade and
jurisdiction in any one of the Confederate States; and the proceedings
of the courts and tribunals of the said nation, and copies of its laws

520 CORRESPONDENCE, ETC.

and judicial and other records, shall be authenticated like similar
proceedings of the courts of the Confederate States and the laws and
office records of the same, and be entitled to the like faith and credit.

Art. XXXIII. It is hereby declared and agreed that the institution
of slavery in the Seminole Nation is legal and has existed from time
immemorial ; that slaves are taken and deemed to be personal prop-
erty; that the title to slaves and other property having its origin in
the said nation shall be determined by the laws and customs thereof,
and that the slaves and other personal property of every person
domiciled in said nation shall pass and be distributed at his or her
death in accordance with the laws, usages, and customs of the said
nation, which may be proved like foreign laws, usages, and customs,
and shall everywhere be held valid and binding within the scope of
their operations.

Art. XXXIV. No ex post facto law or law impairing the obligation
of contracts shall ever be enacted by the legislative authority of the
Seminole Nation to affect any other persons than its own people; nor
shall any citizen of the Confederate States or member of any other
Indian nation or tribe be deprived of his property, or deprived or
restrained of his liberty, or fine, penalty, or forfeiture be imposed on
him in the said country, except by the law of the land, nor without
due process of the law; nor shall any such citizen be in any way
deprived of any of the rights guaranteed to all citizens by the Consti-
tution of the Confederate States ; and it shall be within the province
of the agent to prevent any infringement of such rights and of this
article, if it should in any case be necessary.

Art. XX-XV. It is hereby further agreed that the Congress of the
Confederate States shall establish and maintain post-offices at the
most important places in the Seminole Nation, and cause the mails to
be regularly carried, at reasonable intervals, to and from the same, at
the same rates of postage and in the same manner as in the Confed-
erate States.

Art. XXXVI. It is further agreed by the said Confederate States
that the said Seminole Nation shall never be required or called upon
to pay, in land or otherwise, any part of the expenses of the present
war, or of any war waged by or against the Confederate States.

Art. XXXVII. In order to enable the Creek and Seminole Nations
to claim their rights and secure their interests without the intervention
of counsel or agents, and as they were originally one and the same
people and are now entitled to reside in the country of each other,
they shall be jointly entitled to a Delegate to the House of Represent-
atives of the Confederate States of America, who shall serve for the
term of two years, and be a member of one of said nations, over
twenty-one years of age, and laboring under no legal disability by the
law of either nation ; and each Delegate shall be entitled to the same
rights and privileges as may be enjoyed by the Delegate from any
Territory of the Confederate States to the said House of Representa-
tives. Each shall receive such pay and mileage as shall be fixed by
the Congress of the Confederate States. The first election for Dele-
gate shall be held at such time and places, and be conducted in such
manner as shall be prescribed by the agent of the Confederate States
for the Creeks, to Avhom returns of such election shall be made, and
he shall declare the person having the greatest number of votes to be
duly elected and give him a certificate of election accordingly, which
shall entitle him to his seat. For all subsequent elections the times,

CONFEDERATE AUTHORITIES. 521

places, and manner of holding them and ascertaining and certifying
the result shall be prescribed by law of the Confederate States.

Art. XXXVIII. It is hereby ascertained and agreed by and between
the Confederate States and the Seminole Nation that the United States
of America, of which the Confederate States were heretofore a part,
were, before the separation, indebted and still continue to bo indebted
to the Seminole Nation in the following sums annually, and bound to
the punctual payment thereof to them, on the thirteenth [thirtieth]
day of December in each year, that is to say :

Perpetual annuities, amounting to the sum of $25,000, being the
annual interest at the rate of 5 per cent, per annum on the two sums
of 8250,000 each, which were, by the eighth article of the treaty of the
seventh day of August, A. D. one thousand eight hundred and fifty-
six, to be invested by the United States at that rate of interest, and
the interest to be regularly paid over to the nation per capita as
annuity, no part of which was ever invested.

And the sums of §3,000 for the support of schools, $2,000 for agri-
cultural assistance, and $2,200 for the support of smiths and smith
shops among the Seminoles, which were by the same treaty to be paid
annually for ten years from and after the making of the said treaty.

And it is hereby further ascertained and agreed that there was due
to the Seminole Nation from the United States of America, on the
thirtieth day of December, A. D. one thousand eiglit hundred and
sixty, on account of said annual payments and the arrearages thereof,
the sums following, that is to say:

For arrearages of the said sum of $3,000 annually for the support
of schools, from the seventh day of August, A. D. one thousand eight
hundred and fifty-six, until and including the payment for the thirtieth
day of December, A. D. one thousand eight hundred and sixty,
813,000.

The sum of $2,000 for agricultural assistance and the sum of $2,200
for the support of smiths and smith shops, both payable on the day
last mentioned.

And it not being desired by the Confederate States that the Semi-
nole Nation should continue to receive these annual sums from the
Government of the United States, or otherwise have any further con-
nection or communication with that Government, and they being
willing for the benefit and improvement of the Seminole people to
extend the time during which the said annual sums of $3,000 for the
support of schools and of $2,200 for the support of smiths and smith
shops shall be paid ; therefore, the said Confederate States of Amer-
ica do hereby assume the payment for the future of the above-recited
annuity and annual payments, and do agree and bind themselves reg-
ularly and punctually to pay the same in manner following, that is
to say :

The said annuity or annual interest of $25,000 annually forever,
commencing with the thirtieth day of December next, $5,000 thereof
annually to the treasurer of the nation, to be used and disbursed as
the general council shall direct for governmental and other purposes,
and the residue of $20,000 annually per capita to all the individuals
of the Seminole Nation, equally and share and share alike : Provided,
That after the restoration of peace and the establisliment and recogni-
tion of the independence of the Confederate States, and if it be
required by the general council of the Seminole Nation, the capital
sum of $500,000, on which the said annual interest is hereby provided

522 CORRESPONDENCE, ETC.

to be paid, shall be invested by the President in safe stocks, at their
market value, bearing an annual interest of at least 6 per cent., so
that the most advantageous investment possible shall be made for the
Seminole Nation; which stocks shall be thereafter held in trust for
the Seminole people and the interest thereon collected by the Confed-
erate States and by them paid annually to the Seminoles, $5,000 in
each year to the treasurer of the nation, to be applied to such govern-
mental and other purposes as the general council shall direct, and the
whole residue per capita to all the individuals of the nation. The
said sum of S3,000 for the support of schools annually for twenty
years from and after the making of this treaty, beginning with the
present year of our Lord, one thousand eight hundred and sixty-one,
and payable on the thirtieth day of December in each year, to be
expended and applied under the direction of the President of the Con-
federate States by the agent of the Seminoles.

The said sum of $2,200 for the support of smiths and smith shops
annually for ten years from and after the making of this treaty,
beginning with the present year of our Lord, one thousand eight
hundred and sixty-one, and paj'^able on the thirtieth day of December
in each year, to be expended and applied by or under the direction of
the general council for the support of smiths and smith shops in the
said nation.

The .said sum of $2,000 for agricultural assistance annually for five
years from and after the making of this treaty, beginning with the
present year of our Lord, one thousand eight hundred and sixty-one,
and payable on the thirtieth day of December in each year, to be
expended and applied, under the direction of the President, in the
way of agricultural assistance by the agent of the Confederate States
for the said nation.

And the said Confederate States do also agree and bind themselves
to appropriate and pay, immediately after the complete ratification
of this treaty, the sum of $17,200, the aggregate of the sums which
were so due and payable as aforesaid on tlie thirtieth day of Decem-
ber, A. D. one thousand eight hundred and sixty; the sums of
$13,000 and 82,000, part thereof, to be expended and disbursed by
the agent, under the direction of the President, the former for the
support of schools and the latter in the way of agricultural assist-
ance, and the sum of $2,200, the residue thereof, to be paid to the
treasurer of the nation and applied by the general council to the
support of smiths and smith shops: Provided, That the President
shall not be required to expend the whole of said sum of $13,000 at
once, but shall apply the same judiciously from time to time and at
such times and in such sums as shall seem to him best calculated to
diffuse the benefits of education and knowledge among the children
of the Seminoles. And it is further agreed by the Confederate States
that they will also add to the said sum the further sum of $1,000, to
be applied by the agent to the erection of two additional school-houses
at suitable points in tlie Seminole country.

Art. XXXIX. It being alleged by the Seminole people that certain
persons among tliem are entitled to compensation for the loss sus-
tained by them by being dispossessed of a large number of slaves
about the year one thousand eight hundred and forty-seven by an
illegal order of General Thomas S. Jesup, and which were protected
against the claims of the owners by order of that general, at Fort
Gibson or elsewhere, for a long time, and until they were delivered
up to the United States sub-agent for the Seminoles about the first

CONFEDERATE AUTHORITIES. 623

of January, A. D. one thousand eight hundred and forty-nine, by
virtue of an order from the President, promulgated by the Secretary
of War in au order dated fifth of August, one thousand eight hun-
dred and forty-eight, to be by the sub-agent delivered to the chiefs of
the Seminoles, who were to decide the right of property in and to
said slaves; and that this was done by a decree of the general council
of tlie fifteenth day of May, one thousand eight hundred and forty-
nine, by which decree all the slaves and tlieir increase, having for-
merly belonged to King Payne, were decided to belong to and to be
under the control of Micco Nut-cha-sa or Jem Jumper, the principal
chief of the nation;

And it being also alleged by the Seminoles that the claims of the
various owners of said slaves, so dispossessed of their property and
deprived of the use of the same for three years or more, were made
out before and filed with Marcellus Du Val, the sub-agent for the
Seminoles, prior to the fifth of September, one thousand eight hun-
dred and fifty-four;

And it being alleged by them that fifty of said negroes belonged to
Car-pit-cha Micco, now deceased; seven to Chilto, forty to Nelly
Factor, and thirty to Eliza Chopco, daughter of Billy Bowlegs;

And it being also alleged by the Seminoles that they could never
obtain any consideration or hearing of or for these claims from the
Government of the United States, not even at the time of making the
treaty of the year of our Lord one thousand eight hundred and fifty-
six, on account of the determination of Northern members of the
Cabinet and of Congress not to admit any right of property in slaves
or pay any claim on account of the seizure or detention of slaves,
even to foreign governments;

And the said negroes being alleged to have been illegally seized
and detained without warrant of law or color of right, of war, or
othei'^vise :

Therefore, it is hereby further agreed by and on the part of the
Confederate States that the said claims shall, at the earliest conven-
ient season, be examined and investigated by the Commissioner of
Indian Affairs, who shall do so under the direction of the Secretary
of War, and subject to an appeal to him, and from him to the Presi-
dent, in such manner as shall be just and liberal under the circum-
stances and after such lapse of time, and shall adjudicate the same
upon such principles as shall be just and equitable; and if it be upon
such investigation ascertained and determined that the slaves in
question were illegally detained, then the Confederate States will pay
to the several owners or their heirs witliin a reasonably time such
amounts of money as shall be determined to have been juscly and
equitably due to the said several owners for the loss of service of said
slaves during such times as the}'^ shall be found to have been so
detained, according to the current value of such service in the Semi-
nole country at the time.

Art. XL. Whereas, during the war between the United States and
the Seminoles, in Florida, in the years from one thousand eight hun-
dred and thirty-six to one thousand eight hundred and forty ,

inclusive, the United States military authorities in Florida compelled
July and Murray, two slaves of Sally Factor, now deceased, to serve
as interpreters, and retained them in such service and had them in
possession for the space of nearly or quite four years until both of
them were killed — one by a soldier of the United States and the
other by the hostile Seminoles — ^^'llercby tlie owner lost both and their

524 CORRESPONDENCE, ETC.

services for four years ; but her claim for compensation could never
obtain a hearing or consideration at the hands of the United States,
because to pay it would have been to admit the legalitj'- of property
in slaves, and therefore even an examination of it was refused at the
making of the treaty of the year one thousand eight hundred and
fifty-six: Therefore, the Confederate States do hereby agree to pay to
the heirs of the said Sally Factor, deceased, in full satisfaction for
said claim, the sum of §5,000 immediately after the ratification of
this treaty.

Art. XLI. It being urged, with much reason, bj' the authorities
of the Seminole Nation that tlie delegates, forty in number, who
went with the Superintendent of Indian Affairs to Florida in one
thousand eight hundred and fifty-seven to bring about tlie removal
of the hostile Seminoles, received but an insufficient compensa-
tion from the United States for their time and services in the pay-
ment of the sum of 8200 each for four months' absence from their
homes; and the said Confederate States being desirous to leave no
just and fair claim of the Seminoles, or any of them, unadjusted,
or any of their friends among the i-ed men justly dissatisfied, it is
therefore hereby agreed on the part of the Confederate States that
they will pay, upon tlio ratification of this treaty, to the princi-
pal chief, John Jumper, or Hin-i-ha Micco, for his services at that
time and in consideration of his loyalty at the present time, the sum
of $500 for himself and the sum of 81,250 to be equally divided by
him among five of the principal men among tlie said delegates, and
will also pay to him for each of the other thirtj^-four delegates the
sum of 8100 in full of all their claims and in view of their present
loyalty and good faith.

Art. XLII. It is hereby further agreed by the Confederate States
that they will pay, upon tlie complete ratification of this treaty, to
the principal chief of the Seminole Nation, to be equally divided by
him among tlie commissioners appointed by the general council and
who have negotiated this treaty, the sum of 8500 by waj' of compen-
sation for their time and services therein.

Art. XLIII. To give the Seminoles full and entire assurance of the
completeness of their title to their lands, the Confederate States
hereby agree that there shall be executed and delivered to the Semi-
nole Nation letters jiatent of conveyance and assurance of the same,
whereby the same shall be guaranteed to them in fee simple forever,
with power of disposition, in the language of Article IV of this
treatj', under the great seal of the Confederate States, and signed by
the President, upon parchment, so that it may npt decay or its let-
ters fade.

Art. XLIV. A general amnesty of all past offenses against the
laws of the United States and of the Confederate States, committed
in the Indian country before the signing of this treaty by any mem-
ber of the Seminole Nation, as such membership is defined in this
ti-eaty, is hereby declared, and all such persons, if any, whether con-
victed or not, imprisoned or at large, charged witli any such offense,
shall receive from the President full and free pardon and be dis-
charged.

Art. XLV. It is further agreed between the parties that all pro-
visions of the treaties of tlie Seminole Nation with the United States
which secure a guarantee to tlic Seminole Nation, or individuals
thereof, any rights or privileges whatever, and the place whereof is
not supplied by and which are u<jt contrary to the provisions of this

CONFEDERATE AUTHOEITIES. 525

treaty, and so far as the same are not obsolete or unnecessary, or
repealed, annulled, changed, or modified by subsequent treaties or
laws, or by this treaty, are and shall bo continued in force as if made
with the Confederate States.

Art. XLVI. This treaty shall take effect and be obligatory upon
the contracting parties from the first of August, A. D. one thousand
eight hundred and sixty-one, whenever it shall be ratified by the Pro-
visional President and Congress, or the President and Senate of the
Confederate States.

In perpetual testimony whereof the said Albert Pike, as commis-
sioner with plenary powers, on the part of the Confederate States,
doth now hereunto set his hand and affix the seal of his arms, and the
undersigned chiefs, headmen, and warriors of tlie Seminole Nation,
and commissioners with plenary powers thereof, on the part of the
Seminole Nation, do hereunto set their hands and affix their seals.

Done in duplicate at the place and upon the day in the year first
aforesaid.

[SEAL.] ALBERT PIKE,

Commissioner of the Confederate States of America

to the Indian Nations West of Arkansas.
John Jumper, principal chief of the Seminole Nation;
Pas-co-fa, town chief; George Cloud, town chief; Fos-
hut-chi Tus-ti-nuk-ki, town chief; Fos-hut-chi Ha-cho-
chi, town chief; 0-chi-si Cho-fo-to-a, town chief; Tus-
ti-nuk Co-cho-co-ni, town chief; Sa-to-a Hacho, town
chief; Cho-fo-top Hacho, town chief; Su-nuk Micco,
town chief; Ta-eo-sa Fic-si-co, town chief; Hal-pa-ta,
town chief; I-ma-thla, town chief.

Signed, sealed, and mutually delivered in our presence.

Wm. Quesenbury, secretary to the commissioner; E. Rector,
superintendent of Indian affairs for the Western Super-
in tendency; Samuel M. Rutherford, agent of the Con-
federate States for the Seminoles ; James M. C. Smith,
Charles B. Johnson, W. Warren Johnson, W. L. Pike,
W. H. Faulkner.

(To the Indian names are subjoined marks.)

A CONVENTION supplementary to the treaty of friendship this day made and
concluded at the council-house of the Seminole Nation, on the first day of
August, A. D. one thousand eight hundred and sixty-one, between the Confed-
erate St-ates of America, by Albert Pike, their commissioner, with full powers,
of the one part, and the Seminole Nation of red men, by their chiefs, headmen,
and warriors in general council assembled, of the other part.

In addition to the said treaty, and by way of separate convention
and agreement, it is hereby agreed between the said parties that in
consideration of the common interests of the Confederate States and
the Seminole Nation, and of the protection and rights secured and
guaranteed to the latter by said treaty, the said Seminole Nation will
raise and furnish, and the Confederate States will receive into their
service, not less than two nor more than five companies of mounted
men, to serve in the armies of the Confederate States for twelve
months. Each company shall be composed of not less than 64 nor
more than 100 men in all. The company officers shall be elected by

526 CORRESPONl>ENCE, ETC.

the members of the company, and the major commanding by a major-
ity of the votes of all the members of the battalion. The men shall be
armed by the Confederate States, receive the same pay and allow-
ances as other mounted troops in the service, and not bo moved beyond
the limits of the Indian country west of Arkansas, without their
consent.

In testimony whereof the said Albert Pike, as such commissioner of
the Confederate States, doth hereunto set his hand and affix the seal
of his arms, and Hin-i-ha Micco or John Jumper, principal chief of
the Seminole Nation, Pas-co-fa, George Cloud, Fos-hut-chi Tus-ti-
nuk-ki, Ta-co-sa Fic-si-co, Hal-pa-ta, I-ma-thla, Fos-hut-chi Ila-cho-
chi, Sa-to-a Hacho, 0-chi-si Cho-fo-to-a, Cho-fo-top Hacho, Su-nuk
Micco, and Tus-ti-nuk Co-cho-co-ni, town chiefs, commissioners with
plenary poweis thereof, on the part of the Seminole Nation, do here-
unto set their hands and aflQx their seals.

Done in duplicate at the Seminole Agency, in the Seminole Nation,
on the second day of August, in the year first aforesaid.
[seal.] albert pike.

Commissioner of the Confederate States of America

to the Indian Nations West of Arkansas.
John Jumper, principal chief of the Seminole Nation ; Pas-
co-fa, town chief; George Cloud, town chief; Fos-hut-
chi Tus-ti-nuk-ki, town chief; Fos-hut-chi Ila-cho-chi,
town chief; O-chi-si Cho-fo-to-a, town chief; Tus-ti-nuk
Co-cho-co-ni, town chief; Sa-to-a Hacho, town chief;
Cho-fo-top Hacho, town chief; Su-nuk Micco, town
chief; Ta-co-sa Fic-si-co, town chief; Hal-pa-ta, town
chief; l-ma-thla, town chief.

Signed, sealed, and mutually delivered in our presence.

Wm. Quesenbury, secretary to the commissioner; E. Rector,
superintendent of Indian affairs for the Western Super-
intendency; Samuel M. Rutherford, agent of the Con-
federate States for the Seminoles; James M. C. Smith,
special interpreter; Charles B. Johnson, W. Warren
Johnson, W. L. Pike, W. H. Faulkner.

(To the Indian names are subjoined marks. )

RATIFICATION.

Resolved {two-thirds of the Congress concurring). That the Con-
gress of the Confederate States of America do advise and consent to
the ratification of the articles of a treaty made by Albert Pike, com-
missioner of the Confederate States to the Indian nations west of
Arkansas, in behalf of the Confederate States, of the one part, and
by the Seminole Nation of Indians, by its chiefs, headmen, and war-
riors in general council assembled, of the other part, concluded at the
Seminole council-house, in the Seminole Nation, on the first day of
August, A. D. one thousand eight hundred and sixtj'-one, with the
following amendments:

I. Add at the end of Article XXX the following words, "and the
Confederate States will request the several States of the Confederacy
to adopt and enact the provisions of this article in respect to suits and
proceedings in their respective courts. "

CONFEDERATE AUTHORITIES. 527

II. Strike out from Article XXXVII the following words, " the same
rights and privileges as may be enjoyed by the Delegates from any
Territory of the Confederate States to the said House of Representa-
tives," and insert in lieu thereof the following words, "a seat in the
Hall of the House of Representatives, to propose and introduce meas-
ures for the benefit of said nations and to be heard in regard thereto
and on other questions in which either of said nations is particularly
interested, with such other rights and privileges as may be determined
by the House of Representatives."

III. Strike out from Article XXXVIII the following words, "or in
a State court," and insert in lieu thereof the following words, "or in a
State court, subject to the laws of the State."

Resolved further {two-thirds of the Congress concurring), That the
Congress do also advise and consent to the ratification of the conven-
tion, supplementary to the aforesaid treaty witli the Seminoles, made
by the same parties of each part and concluded at the same time and
place with the same.

Note.— The foregoing treaty, together with the amendments, was duly ratified
by the Seminole Nation.

Atlanta, Augtist 1, 1861.
President Jefferson Davis .

In view of the emergency I am obliged to yield the brigade organi-
zation, as I am determined to send the troops to the field. I consoli-
date the rifle battalion and cavalry and form a legion, which General
Phillips will command as colonel. You consent that the artillery
battalion of five companies, all armed with muskets, and half a bat-
tery of brass pieces, be attached to the legion, and would you give three
more guns to complete the battery ? I will commence shipping the
troops Saturday. Where shall they go ? Please answer immediately.

JOSEPH E. BROWN.

Executive Department,
Nashville, August 1, 1861.
Hon. L. P. Walker,

War Department, Richmond:

Sir: Hon. George Gantt laid before me your letter of 26th ultimo,
upon the subject of transferring the provisional army of Tennessee to
the Confederate States. * The transfer is now being made as rapidly
as Confederate ofiftcers can verify our rolls by the inspection of our
regiments, and I hope will be completed within a few days

There is in the hands of our quartermaster and commissary-
generals a large amount of army supplies which, of course, must be
transferred with the army, and in this connection I wish to suggest
to you the propriety of establishing at Nashville a general depot of
army supplies. In my opinion no better point for such depot can be
selected in the Confederate States. If this policy shall be adopted
by the Government the two gentlemen now at the head of these
departments should be continued at the head of their respective
depots. They are very efficient and reliable men. If, however, the
Department shall determine not to continue them, then it is impor-

*See Series I, Vol. IV, p. 375.

528 CORRESPONDENCE, ETC.

tant that some authorized agent of the Government come here imme-
diately for the purpose of taking an inventory and receipting for
such supplies as are on hand in these departments.

In your letter to Mr. Gantt you say, upon the subject of army
appointments, that "Governor Harris has already been requested, in
a letter from the President, to present his recommendations for these
appointments." I have only to say that the letter of the President
referred to has never come to hand, but in obedience to what I undei--
stand to be the wish of the President, from your letter, I herewith
transmit a list of the various persons appointed by me whose appoint-
ments have been confirmed by the General Assembly to the various
official positions connected with the provisional army of Tennessee,
the reappointment of all of whom I earnestly recommend except the
few that I have marked on the list "Not to be reappointed."* Such
as are thus marked I cannot recommend.

I regard it as a matter of importance that the army of Tennessee
should be organized into brigades and divisions and commanded by
Tennesseeans. Identified as we are by a common interest, sympathy,
reputation, and long association, our troops will be more efficient and
vastly more contented when thus organized and commanded. I hope,
tlierefore, that the organization will take place immediately, and a
sufficient number of generals be appointed from the State to command
tiiem.

The President has already appointed five brigadier-generals from
Tennessee — Pillow, Anderson, Donelson, Zollicoflfer, and Cheatham.
I trust that he may find it consistent with his sense of duty to appoint
Robert C. Foster, John L. T. Sneed, and W. R. Caswell, all good and
true men, and each has discharged the duties of his position well and
faithfully in the organization of the provisional army of the State.
In this connection you must allow me to suggest through you to the
President that General Pillow would be more efficient and can render
more important service to the cause as a major-general than he can
as a brigadier; and in view of his ability, experience, and past serv-
ices in that position during the Mexican war, I feel that he is entitled
to the appointment and hope that it may be made.

The medical staff of our army was selected with great care and I
am sure will not be excelled, if indeed it is equaled, in any State of
tlie Confederacy. It is a matter of importance to the army that it be
continued intact.

Very respectfully,

ISIIAM G. HARRIS.

AN ACT to make provision for the care of supplies for the sick and wounded.

The Congress of the Confederate States of America do enact, That
the Secretary of War shall fortliwith appoint a clerk in the office of
tlie Surgeon-General to take charge of all hospital supplies and otlier
articles which may be contributed for the use of the sick and wounded ;
and the same to dispose of, according to the wishes of the contributors,
under the direction of the Medical Department of the Army; the sal-
ary of said clerk not to exceed $1,000; and the said clerk shall be
authorized, under the direction of the Surgeon-General, to procure
and fit xip a proper place for the safe-keeping and proper disposal of
the said articles.

Approved August 2, 1861.

* List not found.

CONFEDERATE AUTHORITIES. 529

AN ACT to provide for an additional field oflBcer to volunteer battalions, and for
the appointment of assistant adjutants-general for the provisional forces.

Be if enacted by the Congress of the Confederate States of America,
That the eighth section of the act of March sixteenth, eighteen hun-
dred and sixty-one, "to provide for the public defense, ' be, and the
same is hereby, so far amended that whenever battalions of volun-
teers in the service of the Confederate States shall consist of not less
than six companies, there may be allowed, in the discretion of the
President, to each battalion so constituted two field officers, one with
the rank of lieutenant-colonel and the other with the rank of major.

Sec. 2. That the President be, and he is hereby, authorized to
appoint for the volunteer forces in the Confederate service as many
assistant adjutants-general as tho service may require, whose rank
shall correspond with the rank of the assistant adjutants-general in
the Regular Army, and who shall receive the same pay and allowances,
according to their respective grades.

Appi-oved August 2, 1861.

AN ACT to extend the provisions of an act entitled "An act to prohibit the
exportation of cotton from the Confederate States, except through the sea-ports
of said States, and to punish persons offending therein," approved May twenty-
one, eighteen hundred and sixty-one.*

The Congress of the Confederate States of America do enact, That
the provisions of the above-recited act be, and the same are hereby,
extended and made applicable to the exportation of tobacco, sugar,
rice, molasses, sirup, and naval stores from the Confederate States
from and after the tenth day of August next.

Approved August 2, 1861.

Confederate States of America, War Department,

Richmond, August 2, 1861.
W. S. Turner,

Helena, Ark.:
Sir: In reply to your letter of the 17th of July I am directed bj- the
Secretary of War to say that this Department is not prepared to accept
the negro regiment tendered by you, and yet it is not doubted that
almost every slave would cheerfully aid his master in the work of hurl-
ing backthe fanatical invader. Moreover, if the necessity were appar-
ent there is high authority for the employment of such forces. Wash-
ington himself recommended the enlistment of two negro regiments
in Georgia, and the Congi-ess sanctioned the measure. But now there
is a superabundance of our own color tendering their services to the
Government in its day of peril and ruthless invasion, a superabun-
dance of men when we are bound to admit the inadequate supply of
arms at present at the disposal of the Government.
Respectfully,

A. 'Y. BLEDSOE,
Chief of Bureau of War.

*See p. 341.
;J4 R R — series IV, VOL I

530 COREESPONDENCE, ETC.

Richmond, Auguat 2, 1861.
Goveriio7- Joseph E. Brown,

AUanta, Ga.:
Thanks for your decision as to the troops. The riflemen and cav-
ahy — say ten companies — can be well organized as a voltigeur regi-
ment, but if there be five companies of each it is not well to organize
artilleiy with infantry, as in the service of large armies they must
soon be separated. Can furnish the three guns to complete the battery;
and give more if you have other companies instructed as artillery.
We have need of all the armed troops you can send. The artillery
battalion, armed with muskets, will be accepted to serve as infantry
if you so wish it. Let the troops now offered proceed to Lynchburg,
where they will receive further orders.

JEFF'N DAVIS.

Executive Department,

Richmond, August 2, 1S61.

Hon. L. P. Walker,

Secretary of War, Confederate States of America:
Sir: Your letter of the Ist instant, inclosing a copy of one of the
29th ultimo, has been i-eceived by the Governor. He instructs me to
inform yoii that he has appointed John R. Tucker, the attorney-gen-
eral of the State, to act in conjunction with Major Gorgas in making
the transfer of the State armory and machinery, and to make the
necessary an-angements and agreements therefor. He will have full
power to act for the Commonwealth and to sign all proper papers.
He is ready to meet Major Gorgas at such time and place as he may
suggest.

Very respectfully,

GEORGE W. MTJNFORD,
Secretary of the Commomvealth.

Richmond, August m, 1861.
To the President of Congress of Confederate States :

Sir: I have reliable information that a considerable force of Mis-
s(iurians now co-operating with our troops near the northern frontier
of Arkansas are destitute of the supplies necessary k) their efBciency,
and that the enemy have such power within the limits of the State as
to deprive its Government of the capacity to give to said force the
needful relief. Under the circumstances I recommend the enactment
of a law appropriating, say, $1,000,000 to supply the Missourians who
ai'e or may be co-oi)erating with us with such clothing, subsistence^
arms, and ammunition as may be necessary for them, and which it
may be practicable to furnish. Tlie same to be supplied under such
regulations as Congress may determine.*

JEFF'N DAVIS.

* For act passed in compliance with this recommendation, see Series I, Vol.
LIII, p. 731.

CONFEDERATE AUTHORITIES. 531

AN ACT to amend an act entitled "An act to make further provisions for the
public defense," approved eleventh May, one thousand eight hundred and sixty-
one, and to amend an act entitled "An act to increase the military establish-
ment of the Confederate States," and to amend the "Act for the establishment
and organization of the Army of the Confederate States of America."

Tlie Congress of the Confederate States of America do enact, That
the third section of the act entitled "An act to make further provis-
ion for the public defense," approved eleventh May, one thousand
eififht hundred and sixty-one, be amended by striking out of said sec-
tion the words, "detailed from the Regular Army;" and further, that
the ninth section of the act entitled "An act to increase the military
establishment of the Confederate States," and to amend the "Act for
the establishment and organization of the Army of the Confederate
States of America," approved sixteenth May, one thousand eight
hundred and sixty-one, be amended, by adding thereto the following
clause, "and that the President may, in his discretion, upon the
application and recommendation of a major-general or brigadier-
general, appoint from civil life persons to the stafE of such officer, who
shall have the same rank and pay as if appointed from the Army of
the Confederate States."

Approved Augiist -3, 18(51.

Special Orders, ) Adjt. and Insp. General's Office,

No. 114. j Richmond, August 3, 1861.

VI. Maj. Danville Leadbetter, Corps of Engineers, will immedi-
ately repair to this city and take charge of the Engineer Bureau.

*******

By command of the Secretary of War :

JNO. WITHERS,

Assistant Adjutant- General.

Executive Department,
Nashville, Tenn., August i, 186 1.
His Excellency B. Magoffin,

Governor of Kentucky :

Sir: From the date of the proclamation of Your Excellency declar-
ing the neutrality of Kentucky it has been the settled policy of the
authorities of Tennessee to respect Kentucky as a neutral power, and to
carefully avoid all acts that could be construed into a violation of any
of her rights as such. This policy has been adhered to with perfect
fidelity, and will be adhered to by Tennessee as long as the people of
Kentucky will act the part of neutrals and the Federal Government
respect their neutrality.

But it is proper that I call the attention of Your Excellency to the
fact that each day brings its accumulation of evidence forcing mo to
the conclusion that the Federal Government is organizing military
companies, battalions, and regiments in the State of Kentucky for
the avowed purpose of invading Tennessee, and transporting arms
and munitions to some of her rebellious citizens, thus aiding and
encouraging the rebellion.

532 CORRESPONDENCE, ETC.

It requires no argument to prove to Your Excellency that this is a
jjross and palpable violation of tlie principles of neutrality which
Kentucky has declared she would maintain, and which I doubt not it
is the pui-pose of Your Excellency to maintain fully and in good faith.
I therefore call the attention of Your Excellency to the matter, feel-
ing assured that Your Excellency will institute sucli investigations
as will develop whatever action as is being taken within your State,
and take such steps as will prevent any organization in Kentucky for
the purpose of aiding or abetting the Federal Government in this
Mi eked war that it wages for the purpose of crushing and subjugating
the Southern States.

I have the honor to be, very respectfully, yours, &c. ,

ISHAM G. HARRIS.

AN ACT to authorize advances to be made in certain cases.

The Congress of the Confederate States of America do enact, That
the Secretary of War, with the approbation of the President, be
authorized during the existence of the present war to make advances
upon any contract, not to exceed 33^ per cent., for arms or munitions
of war: Provided, That security be first taken, to be approved by
the Secretary of War, for the performance of the contract, or for a
proper accounting for the said money.

Approved August 5, 1861.

Confederate States of America, War Department,

Richmond, August 5, 1861.
Mr. D. M. K. Campbell,

Butler, Choctaiv County, Ala.:
Sir: In reply to your communication of the 26th of July I am
directed by the Secretary of War to state that every citizen Avho can
wield a weapon is needed now for the defense of his invaded country.
There can scarcely be a doubt that ample opportunities will be
afforded, according both with policy and necessity, to retaliate in a
legitimate and proper manner upon the despoilers of our people.
Nevertheless, the officers and men of all military organizations formed
within the limits of the Confederate States, if they would have the
countenance and protection of the Government, must conform strictly
to the laws and usages of civilized nations, which have been adopted
by the Government for its guidance and control. They must be com-
missioned and paid by the Government and subject to its -orders, in
complete subordination to its authority. Withotit this recognition of
the supremacy of the civil power of the state the Government would
possess no right to interfere in your behalf if you were to fall into
the hands of the enemy and be subject to all the cruelties inflicted
upon alleged outlaws or pirates. The President would not be war-
ranted in visiting such treatment upon the prisoners in his hands as a
proper retaliation, unless, indeed, there should be a similar departure
of the enemy from the usages of warfare practiced by civilized nations.
It is true there is too much reason to apprehend the most barbarous
conduct on the part of the Northern aggressors — conduct which may
render it obligatory on our part to treat them with the utmost sever-
ity— and if this be the case you would have abundant opportunities

CONFEDERATE AUTHORITIES. 533

to participate in the captures, forfeitures, and confiscations which
must inevitably follow in the train of such a conflict inaugurated by
the enemy. Then why should you not organize a corjis of just aven-
gers, and be guided in all things by the wisdom and impartial adjudi-
cation of the Government? I would therefore suggest that your
eomijany be armed and tendered for the war in the usual way, not
doubting that opportunities will be afforded for the exercise of the
undaunted spirit of high-toned Southern retribution which seems to
have inspired your proposition.
Respectfully,

A. T. BLEDSOE,
Chief of Bureau of War.

New Orleans, Aityu.'^t 6, 1861.
Hon. L. P Walker,

Secretary of War, Richmond:
-Sir: I have two regiments which will be ready in four days, one
being for the war, the other for twelve months. The companies in
process of formation, to constitute the next and last two regiments,
will also be some for the war and some for twelve months. The war
companies form very slowly. You will have to arm all of these last
two regiments. I hope you will order your officers here to receive
these companies as soon as they are formed.

Very respectfully, your obedient servant,

THO. O. MOORE,

Oovernor.

Headquarters South Carolina,

August 6, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: I received notice from General Gist that you desired the nomi-
nation of four quartermasters and commissaries, or two quartermasters
and two commissaries. In conformity with that I sent on the names
of Col. C. H. Suber, Col. J. S. Green, Sanders Glover, former assistant
quartermaster under our State quartermaster-general, and Col. M. A.
Moore. You sent on a commission for Colonel Suber, and Colonel
Green goes on to see as to the others. The camps of instruction for
the 3,000 men are forming, and it is essential that some preparation
shall be made immediately for them. If you authorize Colonel Green
he will attend properly to it all. I suppose you do not intend to com-
bine quai-tei'masler and commissary in tlie same man. Can we have
any iirospect of receiving arms for these 3,000 men, and particularly
for the artillery companies you have directed to be attached ? I can
find seven fine pieces, and will rifle them immediately if I could get
horses, harness, and caissons. I have here twenty horses belonging
to the State, and could let you have them if you desire them. By
giving me authoi'ity I will equip as far as I can from the State with
what we may have if you will authorize me to advance horses and
let me know as to harness, caissons, <fec. I think I could then make
a superior battalion of artillery, which is absolutely necessary. You
wrote me to have them elect their field officers (the 3,000 men), as you
appoint Colonel Gregg and his officers, and I have so ordered. This

534 CORRESPONDENCE, ETC.

makes many active in raising the men who otherwise would not be.
Be so kind as to give Colonel Green your earliest attention, and let
him have immediate instructions.

Very respectfully, yours, truly,

F. W. PICKENS.

Executive Department,

Richmond, Aiu/ust 6, 1861.
Hon. L. P. Walker,

Secretary of War, Confederate States of America:
Sir: The Governor i-eceived last evening your letter dated the 1st
instant and directs me to inform you that to carry out the views
expressed in your letter he has appointed Col. Charles Dimmock to
co-operate with J. R. Tucker, esq., who are authorized to confer with
Col. A. T. Bledsoe and Maj. J. Gorgas, and by written agreement to
secure a full and fair settlement of all questions which may arise in
the proposed transfer of the use of the State armory, machinery, &c. ,
to the Government of the Confederate States.
Very respectfully,

GEORGE W. MUNFORD,
Secretary of the Commonwealth.

War Department,
Richmond, Va., August 7, 1861.
Sir: The war existing between this Government and that at Wash-
ington will probably be prolonged during the coming winter, and in
view of the rigor of the climate at that season on the line of the seat
of war it is desired that our soldiers shall be well supplied with cloth-
ing. You are therefore requested to cause the quartermaster's depart-
ment to have made up at an early day, to the extent of your ability,
woolen clothing to supply the needs of the Army, to be charged to this
Government. The necessity of this provision to meet the demands of
the Army will be apparent to Your Excellency, and I am quite sure the
measure proposed will receive your approbation and that you will
respond to it with alacrity. I must, however, say that this Depart-
ment is doing everything in its power to provide clothing, and I have
gone so far, in the absence of positive affirmative legislation upon the
subject, as to assume the responsibility of directing the Quartermaster-
General of the Confederate States to contract for the supplies that
may be required. But Your Excellency is doubtless aware of the
difficulties in the way of procuring a full provision in consequence of
the blockade of our ports preventing importations and the limited
quantity of goods in the general market. Hence it is the State gov-
ernments are earnestly solicited to co-operate with our exertions to
place the future beyond all doubt.

L. P. WALKER,
Secretary of War.

(Addressed severally to the Governors of Alabama, Arkansas,
Florida, Georgia, Mississippi, North Carolina, South Carolina, Ten-
nessee, Texas, and Virginia.)

CONFEDERATE AUTHORITIES. 535

Atlanta, August 7, 1861.
President Jefferson Davis:

I can get no response from the Secretary of War to my letters or
telegrams about the two new camps of instruction which he requires.
I have recommended commissaries, quartermasters, and surgeons as
he requested. All ready to order oiit the troops at once if officers
are appointed to take charge of them. Will the appointments be
made? When do you wish the 3,000 men ordered into camp? Please
answer.

JOSEPH E. BROWN.

Memphis, Tenn., August. 7, 1861.
President Davis:

I have just seen two New Orleans chemists, to whom I gave facili-
ties for examining the saltpeter caves on the White River. They
have made the examination, and report to me that any amount may
be had there; that the mines are badly worked, and that private
enterprise cannot work them. They report that the Government is
now paying 25 cents per pound for that which it can itself make for
10 cents, and that if this succeeds it must be done by Government, as
powder, also in possession, is now the great want. I submit that these
caves be taken possession of immediately and worked on Government
account.

POLK.

Nashville, August 7, 1861.
Hon. L. P. Walker:

Sir: I have just received from our superintendent the following
message, dated Jackson, Miss., August 7:

Would it not be well to telegraph to the Secretary of War that we are embar-
rassed for operators ? I am so now, and if authorized at Richmond don't by per-
suasion or law I have fears for the public service [sie\ .

D. FLANNERY.

There are a very limited number of practical operators in the Con-
federacy, and from the beginning they have shown strong proclivities
to join the Army. All of the Northern sympathizers have left, and
if those of Southern feeling are taken into the Army we shall have
none to operate the lines. The Governors of Louisiana and Missis-
sippi discharged a number who had volunteered, and ^they returned
to service. I suppose the Governors have not authority how. General
PilloAv went further, and detailed some to specified service on the line.
We respectfully ask the adoption of some policy that will secure the
efficiency of our lines, now doing little else than public service.

N. GREEN,

Confederate States of America, War Department,

Richmond, Va., August 7, 1861.
Joel J. Jones, Jacob Gillespie, and David F. Robertson,

Committee, FayettevMe, Tenn.:
Gentlemen : I have received and read with profound emotion your
pati'iotic and timely letter of the 20th of July, relative to the subject

536 COREESPONDENCE, ETC.

of winter clothing for our soldiers and presenting the generous action
of tiie citizens of Lincoln County thereon. In answer it gives me
pleasure to inform you that this Department has not been unmindful
of the matter engaging your solicitude, and since the receipt of your
communication it has been further revolved in my mind. The inclosed
copy of a circular letter addressed to each Governor of the Confed-
erate States will bring to your knowledge my action in the premises.*
You will see that in the absence of positive affirmative legislation
on the subject I have assumed the responsibility of directing the
Quartermaster-General of the War Department to contract for all
good and substantial winter clothing he may be able to procure. But
although every exertion will be put forth here to supply with comfort-
able Avinter clothing the needs of our soldiery, yet, for the reasons stated
by yourselves, there will be great difficulty in securing abundant sup-
plies ; and in view of the possible deficiencies that may exist, notwith-
standing our best exertions, each State Executive has been requested
to bring actively to the aid of this Department his own quartermaster
establishment, to the extent of supplying the volunteers in our service
from the State especially represented by each one of them so far as
it can be done. We sincerely trust that all of them will co-operate
with us and that all good citizens will co-operate with them. It would
be best for you to transmit to His Excellency Isham G. Harris, the
Governor of Tennessee, the proceedings of the citizens of Lincoln
County you have sent to me, and to lend him that generous assist-
ance you have proffered here. That he will be an earnest co-worker
with myself I have no doubt.

Highly appreciating your motives, your feelings, and your resolu-
tions, I remain, gentlemen, with high regard and consideration,

L. P. WALKER,
Secretary of War.

AN ACT to authorize the President of the Confederate States to grant commis-
sions to raise volunteer regiments and battalions composed of persons w^ho are
or have been residents of the States of Kentucky, Missouri, Maryland, and
Delaware.

Tlie Congress of the Confederate States of America do enact, That
the .President of the Confederate States be, and he is hereby, author-
ized to grant commissions to officers above the grade of captain to
such persons as he may think fit, to raise and command volunteer
regiments and battalions for the service of the Confederate States,
said regiments and battalions to be composed of persons who are or
have been residents of the States of Kentucky, Missouri, Maryland,
or Delaware, and who have enlisted or may enlist under said officers,
upon the condition, however, that such officers shall not hold rank or
receive pay until such regiments or battalions have been raised and
are mustered into service.

Approved August 8, 1861.

[AuGtrST 8, 1861. — For act of Congress respecting alien enemies,
see Series II, Vol. II, p. 1368.] ^____

* See p. 534.

CONFEDERATE AUTHORITIES. 537

AN ACT further to provide for the public defense.

The Congress of the Confederate States of America do enact, That
in order to provide additional forces to repel invasion, maintain the
rightful possession of the Confederate States of America, and to secure
the independence of the Confederate States, the President be, and he is
hereby, authorized to employ the militia, militarj', and naval forces of
the Confederate States of America, and to ask for and accept the serv-
ices of any number of volunteers, not exceeding 400,000, who may offer
theirservices,eitherascavalry, mounted riflemen, artillery, or infantry,
in such proportions of these several arms as he may deem expedient,
to serve for a period of not less than twelve months, nor more than
three years aft«r they shall be mustered into service, unless sooner
discharged.

Sec. 2. That whenever the militia or volunteers are called and
received into the service of the Confederate States, under the pro-
visions of this act, they shall be organized under the act of the sixtli
of March, one thousand eight hundred and sixty-one, entitled "An
act to provide for the public defense," with the same pay and allow-
ances of said act, and the same time for the service of the militia.

Sec. 3. Nothing in this act shall be construed to extend to or in
any wise to alter any act heretofore passed, authorizing the President
to receive troops offered directly to the Confederate States for the
war, or foi* any less time.

Approved August 8, 1801.

Richmond, Va., Augtist 8, 1861.
Governor Brown,

Atlanta, Qa.:
You dispatched the President I do not answer your telegrams or
letters. I have answered both.

L. P. WALKER.

[August 8, 1861. — For Walker to Polk, authorizing acceptance for
tlie war of all infantry that are armed, or that can be armed, and such
cavahy as may be required, see Series I, Vol. IV, p. 383.]

Atlanta, August 9, 1861.
Hon. L. P. Walker:

Your letter I have not received; only got your telegram yesterday
evening. It was dated, however, then, tlie 6th — the fault of the line,
it seems, not your fault.

JOSEPH E. BROWN.

Executive Department,

August 9, 1861.
Hon. L. P Walker,

Secretary of War:

Sir: I have received your letter of the 7th instant and beg leave
to say in reply that it will give me pleasure to aid in furthering the

538 CORRESPONDENCE, ETC.

object you liave in view. You are aware that when the transfer was
made by Virginia to the Confederate Government our organized
quartermaster's department was absorbed, and since that time we
have had no organization of this description in existence. To effect
the object desired it will be indispensable for mo to institute a new
organization to be charged witli the execution of this work. I desire,
therefore, further information on several points. First. What sort of
clothing j'ou desire me to have prepared, whether coats, overcoats,
vests, or pantaloons, or full suits embracing all necessary clothing for
the soldier. Second. What description of material is on hand, and
will it be furnished to our quartermaster to be made up, or is it
expected that we are to furnish the material ? It will be better, in
my judgment, that we shall so divide the labor in preparing the
clothing as not to have the two organizations in the market competing
for the necessary cloths. If we both become purchasers, the inevi-
table result will be that the prices will be greatly enhanced.
Respectfully,

JOHN LETCHER.

Qitaetermaster-General's Department,

Richmond, Va., August 10, 1861.
Hon. L. P. Walker,

Secretary of War :
Sir: In reply to your communication of this day directing mo to
report "what arrangements have been made with i-ailroad companies
for the transportation of troops and military freight, at what price,
and how payment is made," I have the honor to state that, in accord-
ance with the resolutions of the convention of railroad presidents at
Montgomery, transportation for the Government over all the railroads
in the Confederate States is performed at the following rates, viz, men
at 2 cents per mile, munitions of war and other army supplies at
half the local rates, and that payment is made the several railroad
companies for this service in bonds of the Confederate States. The
above rates have been adopted by the various railroad companies of
the States that have since come into the Confederacy.

I am, sir, very respectfully, your obedient servant,

A. C. MYERS,
Acting Quartermaster- General.

IjONDON, Au(/u.if- 11, isei.
Hon. L. P. Walker,

Secretary of War :
Sir: We have the honor to submit to you the following joint report :
Prior to the receipt of Major Gorgas' letter of the 21st of June, addresse<l
to Captain Huse, our movements were very greatly embarrassed.
The agents of the enemy had the advantage of precedence in time and
in having at their command large sums of money for immediate oper-
ations. We had the mortification of learning every day of new con-
tracts entered into by them for arms and accoutermcnts, of which
contracts thoy are now receiving the fruits. Wc were powerless to stop
them, although we not only knew the names of tlie contractors, but
saw the cases of goods in some instances packed and ready for ship-
ment with the outside marks upon them. All that we could do was

CONFEDERATE AUTHORITIES. 539

to bring the facts to the notice of tlie honorabUs commissioners, and
this much we did.

In compliance witli onr instructions we have directed our attention
to no one country in particular, but have made inquiries for arms in
every country In which there appeared any probability of obtaining
them. When Captain Huse first arrived In England he met General
Fair, late IT. S. minister to Belgium, and satisfied himself that nothing
for immediate service could be obtained from that country. General
Fair was certain from personal inquiry that all the establishments at
Liege had more than they could do for several months. As the general
had made direct inquiry with the view of obtaining arms for the State
of Alabama, and as it was known that all through Europe the Liege
manufacturers had the reputation of furnishing arms of the worst
possible quality, it was deemed best not to give any further attention
in that direction for the present. It was found that the $150,000 which
was at first remitted would be well spent in England. Steps were
accordingly taken with that end in view. Nothing ready manufac-
tured was to be found. The attempt to contract with the London
Armory Company failed, as you were informed in a previous dispatch
from Captain Huse, the British Government declining to consent to an
extension of time for the completion of their own contract. The prin-
cipal manager of that company, Mr. Hamilton, of the firm of Sinclair,
Hamilton & Co., is a merchant of the highest respectability, and is
acquainted with every gunmaker in England. He was willing to
undertake to obtain as many rifles as possible for us in consideration
of receiving a commission of 2i per cent, on the amount of the pur-
chases. As the only possible chance of getting any arms was to pur-
chase them from the small manufacturers scattered over England, but
principally working in Birmingham, and as the agents purchasing for
the United States and for the individual Northern States were men
quite well informed concerning the trade, we did not hesitate to make
the an-angement. Accordingly $100,000 was deposited in bank, to be
used bj' Sinclair, Hamilton & Co. in purchasing arms for the Confed-
eracy. The remaining $50,000 was reserved, to be used as opportunity
might oflfer. Sinclair, Hamilton & Co. at once entered upon the busi-
ness, and in everything they have done we have reason to be more
than satisfied. Without their assistance we would be in the hands of
a class of contractors who are bound only when they are obliged to be.
Sinclair, Hamilton & Co. have nearly exhausted the amount deposited,
and an additional $125,000 lias been placed to their credit. We submit
with this report a statement from them of the number of arms already
obtained and of the number they expect to have ready in time for
another shipment.

Your communication of June 21 directs our attention toward Spain
as a country from which we may be able to obtain arms. As Colonel
Preston, late U. S. minister to Madrid, was in London at the time
of the receipt of your letter, application was made to him by Captain
Huse for information on that point. Colonel Preston assured him
that it would be only throwing away time to go to Spain for weapons;
that he was well acquainted with the armament of the country, and
that Spain had no arms to spare, and if she had they would be found
worthless. Knowing that Colonel Preston had considerable pracitical
experience with small-arms, and having every reason to regard him as
entirely friendly to the Confederacy, we have dismissed from our
minds all hope of procuring supplies in Spain, but shall not relax our
efforts to obtain further information on the sub.ject.

540 CORRESPONDENCE, ETC.

^Vs regards France, offers of arms had been made in that conntry,
and although we had every reason to believe that it was hopeless to
look for serviceable arms there, we would have laid ourselves open to
censure had we failed to make an effort there. Accordingly, having
completed our arrangements in England, we visited Paris together.
Immediately on our arrival we called on parties said to have the con-
trol of quantities of arms. They reported to us that they could furnish
them to any limit, and that they would be of the same quality as those
furnished to the French army — in fact, that they would be taken direct
from the French arsenals. Believing that if the Government had any
arms to dispose of we could obtain them without the assistance of mid-
dlemen, who in such cases make enormous profits, application was
made to Judge Rost, commissioner of the Confederate States, to obtain
information direct from official sources within his reach. A copy of a
letter from Judge Rost is herewith inclosed, * from which it will be seen
that there are no arms to be furnished in France. While in Paris
intelligence Avas received bj' telegraph from Messrs. Fraser, Trenholm
& Co. that money had arrived from home and that our presence was
required in Liverpool. It was not thought advisable for both of us to
leave Paris immediately, since it was at that time by no means certain
that we would not be able to procure arms from the French arsenals.
Accordingly Major Anderson repaired to Liverpool, leaving Captain
Iluse in Paris to prosecute inquiries. We found Judge Rost readj'^
and anxious in every way to assist us. He obtained permission for us
to visit Vincennes Arsenal and the several fortifications about Paris.
Captain Huse only was enabled to avail himself of the permit, and he
visited Vincennes only, having been recalled to England by a dis-
patch from Major Anderson to repair immediately to Liverpool. We
found in Liverpool that there would be an opportunity to ship mate-
rial to the Confederacy within a few days, and though the time to
elapse before the sailing of the ship was very short, we determined to
make the best use of a portion of the money just received in the pros-
ecution of the orders of the Department. The accompanying invoices
will show the amount and character of the muskets and munitions
shipped. * It will be observed that incomplete sets of equipments are
forwarded. This we have done, knowing that the deficiencies could
be supplied at home if the urgency of the case required. The parts
necessary to complete every set will be forwarded by the next ship-
ment, which we hoped will be made in a few weeks. Leather in large
quantities for harness has been forwarded. It is generally of a char-
acter adapted to artillery harness. Buckles, thread, awls, knives,
&e., for manufacturing are also included in the shipment. Bits to
a very limited extent only wc were enabled to obtain at so short a
notice. There are also a few sets of artillery harness (ten double).
Twelve pieces of light 12-pounder field artillerj', rifled, of the Blakely
manufacture, same as the gun which gave such general satisfaction
at Sumter, constitute a portion of the shipment. A considerable
quantity of solid shot and segmented shells accompany. The vessel
by which we are shipping will not take gunpowder in barrels. We
are therefore forced to reserve fifty barrels of cannon and twenty
barrels of rifle powder for the next opportunity. We had no orders
for cartridge paper, but feel confident that the purchase of enough
for the manufacture of 200,000 cartridges will not be disapproved.
One saddle, shipped ^vith the leather, is the latest pattern adopted
for the British cavalry. With the knapsacks is one complete British

*Not found.

CONFEDERATE AUTHORITIES. 641

infantry soldier's kit, with the price of each article marked. The
prices are those at which the contractors are prepared to furnish any
quantity required.

In France every effort was made to obtain drawings of the French
field artillery Avithout success. Since our return to England we have
succeeded in obtaining tracings of the gun carriage and limber, which
we inclose, * believing that with verj^ slight modifications they will be
useful in manufacturing carriages for the 12-pounders purchased. We
have not been able to obtain drawings of the caissons, but with what
is sent it is believed but few difficulties will arise in constructing tliem.
The field guns were purchased the day before the receipt of tlie news
of the victory at Manassas. Had we deferred the matter one day it
is probable we would have decided to reserve the money for other
purposes. The ranges corresponding to elevation, from one degree
to seven degrees, inclusive, are inclosed. * The pieces are very superior.

It may not be improper to mention that the news of the Manassas
victory was received in Liverpool on Sunday morning, 3d of August.
As soon as it came to our notice, and several hours before it was
generally known, we drove to the residence of Mr. Prioleau, about
four miles from the town, where we knew there was a Confederate
flag. Mr. Prioleaii was absent at the time of our arrival, but we had
no difficulty in obtaining permission to enter the house and raise the
flag, and we believe that we thus had the honor of being the first to
celebrate our triumph on this side of the Atlantic by hoisting the flag
of the new republic. In connection with this subject we have it from
reliable authority that the British Admiralty have sent out Confederate
flags to be distributed to each of their vessels of war on the North
American station.

We have to acknowledge the receipt of a communication from Mr.
Charles Green, of Savannah, Ga., associating him with us in the duties
upon which we are now engaged. It will afford us much pleasure to
co-operate with Mr. Green, as we know him to be a merchant of great
practical ability, and one who can be of material service to us in the
civil details of our engagements. He is now in London on a brief
visit.

In closing this report, it will be sufficient to say that heretofore the
Northern Government have up to the present time had the control of
the market under the circumstances detailed in the commencement of
this letter. We are now, however, on a par with them, and if kei)t
supplied with means will reverse their position by holding the same
advantage over them which they enjoyed over us in tlie beginning.
Having looked carefully over all the arms within our reach, wo liave
abstained altogether from the purchase of the old worn-out muskets
that have been so greedily bought up by the Northern agents. They
are the merest rubbish in the world, very far inferior to the old George
Law muskets, and will surely prove more dangerous to those wlio may
venture to use them than to the troops against whom they are pointed.
Our purchases have been confined thus far to the Enfield rifle. They
have been selected with great care, and we feel assured will give
confidence to any soldiers in whose hands they are placed. Our con-
tracts will be coming in rapidly from this time forward, and in the
course of the next few weeks we shall have accumulated sufficient
supplies to warrant another shipment greater in extent than tlie (me
now being made. It may become necessary, in view of the difficulty
of obtaining vessels, to unite with Mr. J. D. Bulloch in the purchase

*Not found.

"542 COERKSPONDENCE, ETC.

of a fast steamer, sending her over under his command. Such a one
can be obtained for a reasonable price. We may not receive all invoices
in season to send by first shipment, in which event tliey will be
forwarded by the next opportunity.

Very respectfully, your obedient servants,

EDWD. C. ANDERSON,

Major, Artillery.
CALEB HUSE,

Captain, Artillery.

ARTICLES OF A CONVENTION entered into and concluded at the Wichita
Agency, near the False Washita River, in the country leased from the Choctaws
and Chickasaws, on the twelfth day of August, A. D. one thousand eight hun-
dred and sixty-one, between the Confederate States of America, by Albert
Pike, their commissioner with full powers, appointed by the President by
virtue of an act of the Congress in that behalf, of the one part, and the Pen-e-
tegh-ca band of the Ne-um or Comanches, and the tribes and bands of Wichitas,
Cado-Ha-da-chos, Hue-cos, Ta-hua-ca-ros, A-na-dagh-cos, Ton-ca-wes, Ai-o-nais,
Ki-chais, Shawnees, and Delawares residing in the said leased country, by their
respective chiefs and headmen, who have signed these articles, of the other
part.

Article I. The Pen-e-tegh-ca band of the Ne-um or Comanches,
and the tribes and bands of the Wichitas, Cado-Ha-da-chos, Hue-cos,
Ta-hua-ca-ros, A-na-dagh-cos, Ton-ca-wes, Ai-o-nais, Ki-chais, Shaw-
nees, and Delawares now residing within the country north of Red
River and south of the Canadian, and between the ninety-eighth and
one hundredth parallels of west longitude, leased for them and other
tribes from the Choctaw and Chickasaw Nations, do hereby place
themselves under the laws and protection of the Confederate States
of America in peace and war forever.

Art. II. TTie Confederate States of America do hereby promise and
engage themselves to be during all time the friends and protectors of
the Pen-e-tegh-ca band of the Ne-um, and of the Wichitas, Cado-Ha-
da-chos, Hue-cos,Ta-hua-ca-ros, A-na-dagh-cos, Ton-ca-wes, Ai-o-nais,
Ki-chais, Shawnees, and Delawares residing, or that may hereafter
come to reside, in the said leased country; and that they will not allow
them henceforward to be in any wise troubled or molested by any
power or people, State or person whatever.

Art. III. The reserves at present occupied by the said several tribes
and bands may continue to be occupied by them if they are satisfied
therewith; and if any of them ai'e not the tribe or tribes, band or
bands dissatisfied, may select other reserves instead of those now
occupied by them, in the same leased country, with the concurrence
and assent of the agent of the Confederate States for the reserve
Indians, at any time within two years from the day of the signing of
these articles.

Art. IV. Each reserve shall be of sufficient extent of good arable
and grazing land amply to supply the needs of the tribe or band that
is to occupy it ; and each shall have a separate reserve, unless two or
more elect to settle and reside together and hold their reserves in com-
mon. The reserves shall, as far as practicable, be defined by natural
boundaries that may be described, and so far as this is not iiracti cable,
by permanent monuments and definite courses and distances; and full
and authentic descriptions of the reserves shall be made out and pre-
served by the Confederate States.

CONFEDERATE AUTHORITIES. 543

Art. V. Each tribe or band shall have the right to possess, occupy,
and use the reserve allotted to it as long as grass shall grow and water
run, and the reserves shall be their own property, like their horses
and cattle.

Art. VI. The members of all the said several bands and tribes of
Indians shall have the right, henceforward forever, to hunt and kill
'i;aine in all the unoccupied part of the said leased country without let
or molestation from any quarter.

Art. VII. There sliall be perpetual peace and brotherhood between
the Pen-e-tegh-ca band of the Ne-um or Comanches, and the tribes
and bands of the Wichitas, Cado-Ha-da-chos, Hue-cos, Ta-hua-ca-ros,
A-na-dagh-cos, Ton-ca-wes, Ai-o-nais, Ki-chais, Shawnees, and Dela-
wares, between each of them and each and all of the others; and every
injury or act of hostility which either has heretofore sustained at the
hands of the other shall be forgiven and forgotten.

Art. VIII. The said several tribes and bands shall henceforth be
good neighbors to each other, and there shall be a free and friendly
intercourse among them. And it is hereby agreed by all that the
horses, cattle, and other stock and property of each tribe or band and
of every person of each, is his or its own, and that no tribe or band
nor any person belonging to any tribe or band shall, or will hereafter,
kill, take away, or injure any such property of another tribe or band
or of any member of any other tribe or band, or in any other way do
them any harm.

Art. IX. There shall be perpetual peace and brotherhood between
each and all of said tribes and bands and the Cherokee, Mus-ko-ki,
Seminole, Choctaw, and. Chickasaw Nations; and the chiefs and head-
men of each of the said tribes and bands shall do all in their power to
take and return any negroes, horses, or other property stolen from
white men or from i)ersons who belong to the Cherokee, Mus-ko-ki,
Seminole, Choctaw, or Chickasaw Nation, and to catch and give up
any person among them who may kill or steal or do any other very
wrong thing.

Art. X. None of the laws of the Choctaws and Chickasaws shall
ever be in force in the said leased country so as to affect any of the
members of the said several tribes and bands, but only as to their
own people who may settle therein; and they shall never interfere in
any way with the reserves, improvements, or property of the reserve
Indians.

Art. XI. It is distinctly understood by the said several tribes and
bands that the State of Texas is one of the Confederate States, and
joins this convention, and signs it when the commissioner signs it,
and is bound by it; and that all hostilities and enmities between it
and them are now ended and are to bo forgotton and forgiven on both
sides.

Art. XII. None of the braves of the said tribes and bands shall go
upon the warpath against any enemy whatever, except with the con-
sent of the agent, nor hold any councils or talks with any white men
or other Indians without his knowledge and consent. And the Con-
federate States will not permit improper persons to live among them,
but only such pei-sons as are employed by the Confederate States and
traders licensed by them, who shall sell to the Indians and buy from
them at fair prices, under such regulations as the President shall make.

Art. XIII. To steal a horse or any other article of property from
an Indian or a white man shall hereafter be considered disgraceful.

544 CORRESPONDENCE, ETC.

and the chiefs will discountenance it by every means in their power.
For if they sliould not there never could be any permanent peace.

Art. XIV. The Confederate States ask nothing of the Pen-e-tegh-
cas, Wichitas, Oado-Ha-da-chos, Hue-cos, Ta-hua-ca-ros, A-na-dagh-
cos, Ton-ca-wes, Ai-o-nais, Ki-chais, Shawnees, and Delawares, except
that they will settle upon their reserves, become industrious, and pre-
pare to support themselves, and live in peace and quietness; and in
order to encourage and assist them in their endeavors to become able
to support themselves, the Confederate States agree to continue to
furnish them rations of provisions in the same manner as they are now
doing, to include, also, sugar and coffee, salt, soap, and vinegar, for
such time as may be necessary to enable them to feed themselves.
They agree to furnish each tribe or band with twenty cows and calves
for every fifty persons contained in the same, and one bull for every
forty cows and calves; and also to furnish to all of said tribes and
bands together 250 stock hogs, all of which animals shall be distributed
by the agent to such persons and families as shall, in his judgment,
be most proper to receive them and most likely to take care of them.
And they also agree to furnish, for the use of the said tribes and
bands, such number of draft-oxen, wagons, carts, plows, shovels, hoes,
pickaxes, spades, scythes, rakes, axes, and seeds as may be necessary,
in addition to their present supply, to enable them to farm success-
fully. They also agree to furnish each tribe or band annually with
such quantities as the agent shall estimate for, and the superintend-
ent require, of all such articles as are mentioned and contained in the
schedule hereunto annexed, marked A;* to be issued and delivered
to them by the agent.

Art. XV. The Confederate States will maintain one agency for the
said tribes and bands at the present agency house or some other suit-
able and convenient location, at which the agent shall continually
reside; and they do promise the said tribes and bands that they shall
never be abandoned by the agent, and that he shall not be often nor
for any long time away from his agency.

Art. XVI. The Confederate States will also employ and pay an
interpreter for each language spoken among the said tribes and bands,
and also one blacksmith, who shall also be a gunsmith, one striker,
and one wagon-maker, for all; all of whom shall reside at the agency;
and they will furnish from time to time such tools and such supplies
of iron, steel, and wood as may be needed for the work of the said
tribes and bands ; and will also furnish all the people of said tribes
and bands who may be sick with medicines and medical service at the
agency, where a physician shall be employed to rewde for their ben-
efit exclusively. They will also employ for five years, and as much
longer as the President shall please, a farmer for each reserve to
instruct the Indians in cultivating the soil, so that they may soon be
able to feed themselves ; and will erect such a number of horse-mills
to grind their corn as the superintendent shall consider to be neces-
sary, in order to accomodate all. And the stock and animals to be
given to the tribes and bands shall be in charge of the farmers, that
they may not be foolishly killed or left to perish by neglect.

Art. XVII. The Confederate States also agree to erect such build-
ings for the mills, and the blacksmith shops, and houses for the farm-
ers and interpreters, as have been erected among the other Indian
tribes, and also to assist the said Indians in building houses for them-
selves, and in digging wells for water, and opening their lands.

♦Omitted.

CONFEDERATE AUTHORITIES. 545

Art. XVIII. The said bands and tribes agree to remain upon their
reserves, and not at any time to leave them in order to make crops
elsewhere. And if they should leave them the Confederate States
shall not be bound anj' longer to feed them or make them presents or
give them any assistance.

Art. XIX. The Confederate States also agree to furnish each war-
rior of the said tribes and bands who has not a gun with a flint-lock
rifle and ammunition, which he agrees never to sell or give away; and
the Confederate States will punish any trader or other white man who
may purchase one from them.

Art. XX. The Confederate States invite all the other bands of the
Ne-um or Comanches to abandon their wandering life and settle
within the leased country aforesaid, and do promise them in that case
the same protection and care as is hereby promised to said tribes and
bands now residing therein; and that there shall be allotted to them
reserves of good land, of sufficient extent, to be held and owned by
them forever; and that all the other promises made by these articles
shall be considered as made to them also, as well as to the tribes and
bands now residing on reserves ; and that the same presents shall be
made them and assistance given them in all respects ; and the same
things in all respects are hereby also ofEered the Cai-a-was and agreed
to be given them if they will settle in said country, atone for the
murders and robberies they have lately committed, and show a reso-
lution to lead an honest life ; to which end the Confederate States
send the Cai-a-was with this talk the wampum of peace and the bullet
of war, for them to take their choice now and for all time to come.

Art. XXI. The Confederate States hereby guarantee to the mem-
bei-s of the aforesaid tribes and bands full indemnity for any horses
or any other property that may be killed or stolen from them by anj'
citizen of the Confederate States, or by Indians of any other tribe or
band: Provided, That the property, if stolen, cannot be recovered
and restored, and that suflacient proof is produced to satisfy the agent
that it was killed or stolen within the limits of the Confederate
States.

Art. XXII. If any difficulty should hereafter arise between any of
the bands or tribes in consequence of the killing of any one, of the
stealing or killing of hors(!S, cattle, or other stock, or of injury in any
other way to person or property, the same shall he submitted to the
agent of the Confedei*ate States, who shall settle and decide the same
equitably and justly, to which settlement all parties agree to submit,
and such atonement and satisfaction shall be made as he shall direct.

Art. XXIII. In oi-der that the friendship which now exists between
the said several tribes and bands of Indians and tlic people of the
Confederate States and of the Choctaw and Chickasaw Nations may
not be intemipted by the conduct of individuals, it is hereby agreed
that if any white man or any Choctaw or Chickasaw injui-es an Indian
of any one of said tribes and bands, or if any one of them injures a
white man or a Choctaw or Chickasaw, no private revenge or retali-
ation shall take place, nor shall the Choctaws or Chickasaws try the
person who does the wrong, and punish him, in their courts, but he
shall be tried and punished bj'^ the Confederate States ; and the life of
every person belonging to said tribes and bands shall be of the same
value as the life of a white man ; and any Indian or white man who
kills one of them without cause shall be hung by the neck until he is
dead.

35 R R — SERIES IV, VOL I

546 CORRESPONDENCE, ETC.

Art. XXIV. It is further hereby agreed by the Confederfite States
that all the Texan troops now within the limits of the said leased
country shall be withdrawn across Red River, and that no Texan
troops shall hereafter be stationed in forts or garrisons in the said
countiy or be sent into the same, except in the service of the Confed-
erate States and when on the war path against the Cai-a-was or other
hostile Indians.

Art. XXV. This convention shall be obligatory on the tribes and
bands whose chiefs and headmen signed the same from the day of its
date, and on the Confederate States from and after its ratification bj'
the proper authority.

In perpetual testimony whereof the said Albert Pike, as commis-
sioner with plenary powers of the Confederate States of America to
tlie Indian nations and tribes west of Arkansas, for and on behalf of
tlie said Confederate States, doth now hereunto set his hand and affix
the seal of his arms; and the undersigned chiefs and headmen, for
and on behalf of their respective tribes and bands, do now hereunto
respectively set their hands and affix their seals.

Done at the Wichita Agency aforesaid on tliis tlie twelftli day of
August, A. D. one thousand eight hundred and sixty-one.

[SEAL.] ALBERT PIKE,

Commissioner of the Confederate States
to the Indian Nations and Tribes West of ArkansaJi.

Ko-lta-re-wa, principal chief of the Pen-e-tegh-ca band of
the Ne-iim ; To-sa-wi, second chief of the Pen-e-tegh-ca
band of the Ne-um ; Ca-ca-dia, second chief of the
Ilue-cos ; Te-ats, sub-chief of the Huo-cos ; 0-chi-ras,
principal chief of the Ta-hua-ca-ros ; Pa-in-hot-sa-ma,
war chief of the Pen-e-tegh-ca band of the Ne-um ;
I-sa-do-wa, principal chief of the Wichitas ; A-wa-ho,
second chief of the Wichitas ; A-sa-ca-ra, chief of the
Wichitas ; Ta-nah, principal chief of the Cado-Ha-da-
chos ; Tai-o-tun, second chief of the Cado-Ha-da-chos ;
Cha-wihi-win, captain of the Cado-Ha-da-chos ; Cha-
wah-un, captain of tlie Cado-IIa-da-chos ; A-he-dat,
principal chief of the Hue-cos ; Sam Houston, second
chief of the Ta-hua-ca-ros ; Ca-shao, principal chief of
the Ai-o-nais ; Jose Maria, principal chief of the A-na-
dagh-cos ; Co-se-mu-so, second chief of tlie A-na-dagh-
cos ; Ke-se-mira, captain of the A-na-dagh-cos ; Jim
Ton-ca-we, captain of the Ton-ca-wes ; Ki-is-qua, sec-
ond chief of the Ki-chais ; John Linny, chief of tlie
Shawnees ; Keh-ka-tus-tun, chief of the Delawares.

Signed, sealed, and copies exchanged in presence of us.

Win. Quesenbury, secretary to the commissioner ; E. Rec-
tor, Superintendent of Indian Affairs for the Confed-
erate States; M. Leeper, agent of the Confederate
States for the Wichitas and other bands ; Motey Kin-
naird, principal chief of the Mus-ko-kis ; John Jumper,
principal chief of the Seminoles ; Chilly Mcintosh,
Israel G. Vore, W. Warren Johnson, W. L. Pike, H.
P. Jones, Charles B. Johnson, J. J. Sturm, Wm. Shir-
lej^ W. H. Faulkner.

(To the Indian names are subjoined marks. )

CONFEDERATE AUTHORITIES. 647

ARTICLE SUPPLEMENTARY to the convention between the Confederate
States of America and the Pen-e-tegh-ca band of Ne-um or Comanches, Wich-
itas, Cado-Ha-da-chos, and other bands settled upon reserves, made and con-
cluded at the Wichita Agency, near the False Washita River, on the twelfth
day of August, A. D. one thousand eight hundred and sixty-one.

Article. It being well known to all .surrounding tribes and uni-
versally acknowledged that, from time immemorial, the Ta-wa-i-
liHsh people of Indians, now called by white men the Wichitas, and
of whom the Hue-cos and Ta-hua-ca-ros are offshoots, possessed and
inhabited, to the exclusion of all other tribes and bands of Indians,
tlie whole country lying between the Red River and the False Washita,
from their junction to the west of the Wichita Mountains, and with
the aid of the Ta-ne-i-weh band of the Ne-um held all that country
against all comers, and had their villages and fields in the valleys of
the Wichita Mountains and upon the creeks, and there cultivated the
soil, raised stock, and led an industrious life; all of which facts were
known to the commissioner of the Confederate States twenty-nine
years ago;

And the United States of America, having, in the year eighteen
hundred and twenty, and by subsequent renewals of the grant, ceded
the whole of that country to the Choctaws, and having afterward,
by patent, conveyed and assured the same to them in fee, and they
having made the Chickasaws joint and equal owners of the same
with themselves, whereby the same has been wholly lost to the Ta-
wa-i-hash, except such small portion thereof as has been assigned to
them by way of reserve, and no compensation whatever has been
made them therafor, although they respectfully presented their claim
on account of the same to the Commissioner of Indian Affairs of the
United States and appealed to that Government for payment of some
reasonable price for their said country, to be paid them in such
manner as should be most for their benefit and improvement;

And the commissioner knowing that their claim to compensation is
a just one, and seeing how poor and helpless they are, and being will-
ing to save them from the necessity of emplojdng persons to urge
their claim and of dividing with them what they may receive, but
not deeming himself authorized to decide what amount shall be
allowed them therefor, nor in what manner it shall be paid:

It is therefore hereby agreed by the Confederate States that the
claim of the Ta-wa-i-hash or Wichitas to compensation for their
country, between the Red River and the False Washita, shall be sub-
mitted to the President for his consideration, who, if he also agrees
that it is just, shall determine what amount shall be paid or allowed
them in satisfaction thereof, and in what manner that amount shall
be paid; and that amount shall accordingly be paid them in such
manner as he shall direct.

In testimony whereof the said Albert Pike, commissioner of the
Confederate States of America to the Indian nations and tribes west
of Arkansas, doth hereunto set his hand, on behalf of the said Con-
federate States, and affix the seal of his arms.

So done and signed and sealed at Wichita Agency, near the False
Washita River, on the thirteenth day of August in the year first
aforesaid.

[SEAL.] ALBERT PIKE,

Commissioner of the Confederate States
to the Indian Nations and Tribes West of Arkansas.

WM. QUESENJiURY,
Secretary to the Cmiimissioner.

548 CORRESPONDENCE, ETC.

RATIFICATION.

Resolved {two-thirds of the Congress concurring). That the Con-
gress of the Confederate States of America do advise and consent to
the ratification of the articles of a convention, made by Albert Pike,
commissioner of the Confederate States to the Indian nations west of
Arkansas, in behalf of the Confederate States, of the one part, and
the Pen-e-tegh-ca band of Ne-um or Comanches, and the tribes and
bands of the Wichitas, Cado-IIa-da-chos, Hue-cos, Ta-hua-ca-ros,
A-na-dagh-eos, Ton-ca-wes, Ai-o-nais, Ki-chais, Shawnees, and Dela-
wares, residing in the country leased from the Choctaws and Chicka-
saws, each by its chiefs and headmen, who signed the said articles,
of the other part; concluded at the Wichita Agency, near the False
Washita River, in the said leased country, on the twelfth day of
August, A. D. one thousand eight hundred and sixty-one. And that
the Congress also advises and consents to the ratification of the sup-
plementary article of the same convention, made and concluded at
the same time and place, by the said commissioner on behalf of the
Confederate States with the Ta-wa-i-hash or Wichita band of Indians,
with the amendments adopted, to wit :

First. Strike out all of Article XIX.

Second. Strike out all of Article XXIV.

ARTICLES OF A CONVENTION entered into and concluded at the Wichita
Agency, near the False Washita River, in the country leased from the Choc-
taws and Chickasaws, on the twelfth day of August, A. D. one thousand
eight hundred and sixty-one, between the Confederate States of America, by
Albert Pike, their commissioner with full powers, appointed by the President
by virtue of an act of the Congress in that behalf, of the one part, and the
No-co-ni, Ta-ne-i-weh, Co-cho-tih-ca, and Ya-pa-rih-ca bands of the Ne-um or
Comanches of the Prairies and Staked Plain, by their chiefs and headmen,
who have signed these articles, on the ither part.

Article I. The No-co-ni, Ta-ne-i-weh, Co-cho-tih-ca, and Ya-pa-
rih-ca bands of the Ne-um, called by the white men the Comanches
of the Prairies and the Staked Plain, do hereby make peace with the
Confederate States of America, and do renew and continue the peace
heretofore existing between them and the Cherokee, Mus-ko-ki, Semi-
nole, Choctaw, and Chickasaw Nations of red men, and do hereby
take each and all of them by the hand of friendship, having smoked
with them the pipe of peace, and received the wampum of peace ; and
do hereby place themselves under the laws and protection of the Con-
erate States of America, and agree to be true and loyal to them in
peace and in war forever, and to hold them by the hand, and have
but one heart with them always.

Art. II. The Confederate States of America do hereby promise and
engage themselves to be, during all time, the friends and protectors
of the No-co-ni, Ta-ne-i-weh, Ya-pa-rih-ca, and Co-cho-tih-ca bands
of the Ne-um, and that they will not allow them to be molested by
any power or people. State, or person whatever.

Art. III. The No-co-ni, Ta-ne-i-weh, Ya-pa-rih-ca, and Co-cho-tih-ca
bands of the Ne-um hereby agree that they will abandon their wander-
ing mode of life and come in from the Prairies and Staked Plain, and
settle upon reserves to be allotted to them in that country which lies
north of the Red River and south of the Canadian, and between the
ninety-eighth and one hundredth parallels of west longitude, and

CONFEDERATE AUTHORITIES, 549

which has been leased for them and other tribes of red men by the
Confederate States from the Choctaws and Chickasaws, and in which
the Confederate States have offered all the Ne-um homes.

Art. IV. The No-co-ni, Ta-ne-i-weh, Ya-pa-rih-ca, and Co-cho-tih-ca
bands of the Ne-um shall be allowed to choose their own homes in any
unoccupied part of the said leased country on or near the Canadian
or False Washita Rivers, or near the Wichita Mountains, as may best
suit them, with the concurrence and assent of the agent of the Con-
federate States for the reserve Indians. Each reserve shall be of
sufficient extent of arable and grazing lands amply to supply their
needs ; and the bands may have one reserve together or four separate
reserves, as they may choose. The reserve or reserves shall, as far
as practicable, be defined by the natural boundaries that may be
described, and so far as this is not practicable, by permanent monu-
ments and definite courses and distances; and full and authentic
descriptions of the reserves shall be made out and reserved by the
Confederate States.

Art. V. The said No-co-ni, Ta-ne-i-weh, Ya-pa-rih-ca, and Co-cho-
tih-ca bands of the Ne-um shall have the right to possess, occupy,
and use the reserve or reserves allotted to them as long as grass shall
grow or water run; and the reserves shall be their own property, like
their horses and cattle.

Art. VI. The members of the said No-co-ni, Ta-ne-i-weh, Ya-pa-
rih-ca, and Co-cho-tih-ca bands of the Ne-um shall have the right
during all time to hunt and kill game in all the unoccupied part of
said leased country without let or molestation from any quarter.

Art. VII. There shall be perpetual peace and brotherhood between
the No-co-ni, Ta-ne-i-weh, Ya-pa-rih-ca, and Co-cho-tih-ca bands of
the Ne-um, and between each of them and all the other tribes and
bands of the Ne-um and of the Wichita, Cado-Ha-da-cho, Hue-co,
A-na-dagh-co, Ki-chai, Ai-o-nai, Ta-hua-ca-i-o, Ton-ca-we, Snawnee,
and Delaware Indians occupying reserves in the said leased country,
and any other bands of the Ne-um that maj^ hereafter settle in said
leased countrj'; and every injury or act of hostility which either has
heretofore sustained at the hands of the other shall be forgiven and
forgotten forever.

Art. VIII. The said several tribes and bands of the Ne-um and
the said other tribes and bands shall henceforth be good neighbors to
each other, and there shall be free and friendly intercourse among
them. And it is hereby agreed by the said four bands of the Ne-um
that the horses, cattle, and other stock and property of every tribe or
band and every person of each is his or its own, and that no one of
said four tribes or bands, nor any person belonging to any one of
them, shall or will hereafter kill, take away, or injure any such prop-
erty of another tribe or band, or of any member of any other tribe or
band, or in any other way do them any harm.

Art. IX. There shall be perpetual peace and brotherliood between
each and all of the No-co-ni, Ta-ne-i-weh, Ya-pa-rih-ca, and Co-clio-
tih-ca bands of the Ne-um and the Cherokee, Mus-ko-ki, Seminole,
Choctaw, and Chickasaw Nations; and the chiefs and headmen of
each of the said bands shall do all in their power to take and return
any negroes, horses, or other property stolen from white men or from
persons belonging to the Cherokee, Mus-ko-ki, Seminole, Choctaw, or
Chickasaw Nations, and to catch and give up any person among them
who may kill or steal or do any other very bad thing.

550 CORRESPONDENCE, ETC.

Akt. X. It is distinctly understood by the said four bands of the
Ne-um tliat the State of Texas is one of the Confederate States and
joins ill this convention, and signs it when the commissioner signs it,
and is bound by it; and that all hostilities and enmities between it
and them are now ended and are to be forgotten and forgiven forever
on both sides.

Art. XI. None of the braves of the said four bands of the Ne-um
shall go upon the warpath after they are settled upon reserves against
any enemy wliatever, or as guides to any war party, except witli the
knowledge and consent of the agent, nor hold any conncils or talks
with any white men or other Indians without his knowledge and con-
sent. And the Confederate States will not permit improper persons
to live among them, but only such persons as are employed by the
Confederate States and traders licensed by them, who shall sell to the
Indians and buy from them at fair prices, under such regulations as
the President shall make.

Art. XII. To steal a horse or any other article of property from
another Indian or white man shall hereafter be considered disgraceful,
and the chiefs will discountenance it by every means in their power.
For if they should not there never could be any permanent peace.

Art. XIII. If there should be among the No-co-nis, Ta-ne-i-wehs,
Ya-pa-rih-cas, or Co-cho-tih-cas any white prisoner or prisoners it is
agreed that they shall be delivered up when they come in to settle ;
and that if thej can peaceably procure possession of any that may be
held by any other band of the Ne-um, or by the Cai-a-was or any other
Prairie tribe, they will also bring them in to be restored to liberty.
And the Confederate States agree that if any prisoners are so brouglit
in and restored, suitable rewards shall be given the band that brings
them in for doing so. But this article creates no obligation to deliver
up Mexicans who may be prisoners.

Art. XIV. The Confederate States also agree that if there be any
person or persons held as prisoners in Texas or any other of the Con-
federate States, or in the Cherokee, Mus-ko-ki, Seminole, Choctaw, or
Chickasaw Nations, who are of the Ne-um or Comanches, that all
such persons shall be set free and delivered up and restored to their
band without charge or expense to the Ne-um.

Art. XV. The Confederate States ask nothing of the bands of
the Ne-um, except that they will settle upon their reserves, become
industrious, prepare to support themselves, and live in peace and
quietness; and in order to encourage and assist them in their endeav-
ors to become able to support themselves the Confederate States agree
to furnish them rations of provisions in the same manner as they are
now doing for the Wichitas and other tribes and bands settled upon
reserves, to include also sugar and coffee, salt, soap, and vinegar, for
such time as may be necessary to enable them to feed themselves.
Tliey agree to furnish each of the said bands of the Ne-um witli
twenty cows and calves for every fifty persons contained in the same,
and one bull for every forty cows and calves ; and also other stock,
at the discretion of the superintendent, when they desire to have the
same ; all of which animals shall be distributed by the agent to such
persons and families as shall, in his judgment, be most likely to take
care of them. And they also agree to furnish for the use of the said
bands of the Ne-um such number of draft oxen, wagons, carts, plows,
shovels, hoes, pickaxes, spades, scythes, rakes, axes, and seeds as may
be necessary to enable them to farm suceessf ullj". They also agree to
furnish the said bands of the Ne-um annually witli such quantities as

CONFEDERATE AUTHORITIES. 551

the agent shall estimate for and the superintendent require of all
such articles as are mentioned and contained in schedule hereunto
annexed, marked A,* to be issued and delivered to them by the agent.

Art. XVI. The Confederate States will maintain one agency for
the tribes and bands now settled upon the reserves in the said leased
country and for the said four bands and all the other bands of the
Ne-um that may settle therein, which agency shall be kept either at
tlie present agency house or some other convenient location, at which
the agent shall continually reside; and they do promise the said four
bands and all the other bands of the Ne-um that may settle in reserves
that they shall never be abandoned by the agent and that he shall not
be often nor for any long time away from his agency.

Art. XVII. Tlie Confederate States will employ and pay one inter-
preter for all the bands of the Ne-um settled upon the reserves; and
an additional blacksmith, another striker, and another wagon-maker
shall be employed for the bands of the Ne-um alone, when the said
four bands of the Ne-um shall have come in and settle upon reserves.
The interpreter, blacksmith, striker, and wagon-maker shall reside
with some one of the bands. The Confederate States will also furnish,
from time to tfmo, such tools and such supplies of iron, steel, and
wood as may be needed for the work of the said bands, and will also
furnisli them with medicines and medical advice at the agency, where
a physician shall be employed to reside for their benefit exclusively.
And they will also employ for five years, and as much longer as the
President shall please, a farmer for each reserve, to instruct them in
cultivating the soil, so that they may soon be able to feed themselves;
and will erect such a number of horse-mills to grind their corn as the
.superintendent shall consider to be necessary in order to accom-
modate all.

Art. XVIII. The Confederate States also agree to erect such build-
ings for the mills, and the blacksmith .shops, and houses for the
fanners, interpreters, and physicians as have been erected among the
other Indian tribes, and also to assist the said Indians in building
houses for themselves, and in digging wells for water, and opening
their lands.

Art. XIX. Tlie said four bands agree to remain upon their reserves,
when they shall have settled thereon, and not, at any time, to leave
them in order to make crops elsewhere. And if they should leave
them the Confederate States shall not be bound any longer to feed
them or make them presents or give them any assistance.

Art. XX. The Confederate States also agree to furnish each war-
rior of the said four bands who has not a gun with a ilint-lock rifle
and ammunition, which he agrees never to sell or give away; and the
Confederate States will punish any trader oi- other white man who
may purchase one from them.

Art. XXI. The Confederate States will invite all the other bands
of the Ne-um or Comanches to abandon their wandering life and set-
tle witliin the lea.sed country aforesaid ; and do promi.se them, in that
case, the same piotection and care as is herebj^ promised to the tribes
and bands now residing therein; and that tlicre shall be allotted to
them reserves of good land, of sufficient extent, to be held and owned
by them forever; and that all the other promises niade by tliese
articles shall be considered as made to them also, as well as to the
tribes and bands now residing on reserves; and that the same presents
shall be made to tliem and assistance given them in all respects; and

* Omitted.

552 CORRESPONDENCE, ETC.

the same things, in all respects, are also hereby offered the Cai-a-was
and agreed to be given them if they will settle in said country, atone
for the murders and robberies they have lately committed, and show
a resolution to lead an honest life; to which end the Confederate
States send the Cai-a-was with this talk the wampum of peace and
the bullet of war, for them to take their choice now and for all time
to come.

Art. XXII. The Confederate States hereby guarantee to the mem-
bers of the aforesaid four bands full indemnity for any horses or any
other property that may be killed or stolen from them by rA\y citizen
of the Confederate States or by any other Indians: Provided, That
the property, if stolen, cannot be recovered and restored, and that
sufficient proof is produced to satisfy the agent that it was killed or
stolen within the limits of the Confederate States.

Art. XXIII. The Seminoles having asked the Confederate States to
pay them for certain horses stolen from them by some of the Ne-um
two years ago, and which the United States were bound to pay for if
they could not be recovered, the Confederate States have accordingly
agreed to do so, at the time of making the treaty lately with the
Seminoles; and they do hereby agree, in order that the Ne-um may
not hereafter be troubled about the horses so taken, to pay for them
the sums, and to the persons mentioned in the schedule thereof here-
unto annexed, marked B;* but as the Seminoles allege that one or
more of their horses is now here in the possession of some of the
No-eo-ni, Ta-ne-i-weh, Ya-pa-rih-ca, or Co-cho-tih-ca band of Ne-um,
it is agreed that, if it be so, such horse or horses shall be given up
and the person in possession shall be compensated for the loss of tlu^
same. To this end the chiefs will let the Seminoles see all their
horses; and after this time it is distinctly understood that no one
can get any right to property by stealing it, and that no compen-
sation will ever again be made to any one who has given iip stolen
property. And the Confederate States do hereby agree with the sev-
eral persons from whom liorses M'cre stolen, and the heirs of such of
them as are deceased, and whose names are found in the said Sched-
ule B,* hereunto annexed, that they will pay, immediately upon the
ratification of this treaty, through the agent for the Seminoles, the
amount of loss sustained by each respectively, according to the said
schedule, except for such horses as may be returned as above pro-
vided for and noted as returned on the said schedule.

Art. XXIV. If anj' difficulty should hereafter arise between any of
the said four bands or any of their members, or between any of them
and any of the other tribes or bands settled on wiserves, in conse-
quence of the killing of any one, of the stealing or killing of horses,
cattle, or other stock, or of injury in any other way 1o person or prop-
erty, the same shall be submitted to the agent of the Confederate
States, who shall settle and decide the same equitably and justly, to
which settlement all parties agree to submit, and such atonement and
satisfaction shall be made as he shall direct.

Art. XXV. In order that the friendship which now exists between
the said several tribes and bands of Indians, now or hereafter settled
in the said leased country, and the Choctaws and Chickasaws and
the people of the Confederate States, may not be interrupted by the
conduct of individuals, it is hereby agreed that if any white man or
any Choctaw or Chickasaw injures an Indian of any one of said tribes

* Omitted.

CONFEDERATE AUTHORITIES. 553

and bands, or if any one of them injures a white man or a Choctaw
or Chickasaw no private revenge or retaliation shall take place, nor
shall the Choctaws or Chickasaws try the person who does the wrong,
and punish him in their courts, but he shall be tried and punished
by the Confederate States; and the life of every person belonging to
said tribes and bands shall be of the same value as the life of a white
man ; and any Indian or white man who kills one of them without
cause shall be hung by the neck until he is dead.

Art. XXVI. In case either of the bands of the Ne-um, wltli whom
this convention is made, should not consent to come in and settle, and
should prefer to continue to live as they have heretofore, then there
shall still be peace and friendship between them and the people of the
Confederate States and the Cherokees, Mus-ko-kis, Seminoles, Choc-
taws, and Chickasaws, and all the tribes and bands settled upon
reserves in the country aforesaid; and all of the same shall travel,
without injurj' or molestation, through the hunting-grounds of the
Ne-um, and shall be treated with kindness and friendship.

Art. XXVII. It is further hereby agreed by the Confederate States
that all the Texan troops now within the limits of said leased country
shall be withdrawn across Red River, and that no Texan troops shall
hereafter be stationed in forts or garrisons in the said country, or be
sent into the same, except in the service of the Confederate States and
when on the warpath against the Cai-a-was or other hostile Indians.

Art. XXVIII. It is further agreed by the chiefs and headmen of
the bands of the Ne-um who have signed this convention that upon
their return to their bands they will take this talk and the wampum
of peace from the Confederate States and from the Mus-ko-kis, Semi-
noles, Choctaws, and Chickasaws to the bands of the Ne-um, and tell
them what they have seen and heard, and persuade them also, if they
can, to come in and settle upon reserves in the leased country, and
at any rate to make peace by the time when the leaves fall before the
next snows.

Art. XXIX. It is agreed by the parties that the making of this
convention shall in nowise interrupt the friendly relations between
the Ne-um and the people of Mexico, and that the Confederate States
desire that perfect peace should exist between the Ne-um and all the
Mexicans.

Art. XXX. This convention shall be obligatory on the ban<ls
whose chiefs and headmen sign the same from the day of its date,
and on the Confederate States from and after its ratification by the
proper authority.

In perpetual testimony whereof the said Albert Pike, as commis-
sioner with plenary powers of the Confederate States of America to
the Indian nations and tribes west of Arkansas, for and on behalf of
the said Confederate States, doth now hereunto set his hand and affix
the seal of his arms; and Qui-na-hi-wi, or the Drinking Eagle, chief
of the No-co-ni baud of the Ne-um, and the undersigned headmen of
the same, for and in behalf of that band; and the same Qui-na-hi-wi,
chief of the No-co-nis, by special authorization and direction of Po-ho-
wi-ti-quas-so, or Iron Shirt, the chief of the Ta-ne-i-weh band of the
Ne-um, who has been present, but is now absent mourning for a
relative deceased, with Ke-e-na-toh-pa, a headman of the Ta-ne-i-
weh band, for and on behalf of the same; and To-hi-a-quah, chief of
the Ya-pa-rih-ca band of the Ne-um, with the undersigned headmen

564 CORRESPONDENCE, KTC.

of the siiine, for and 07i behalf of the Ya-pa-rih-ea band; and Ma-a-
we, chief of the Co-cho-tih-ca band of the Ne-um, with the under-
signed headmen of the same, for and on behalf of the Co-cho-tih-ca
band, do now hereunto respectively set their hands and aflfix their
seals.

Done at the Wichita Agency aforesaid on the twelfth day of August,
A. D. one thousand eight hundred and sixty-one.

[seal.] albert pike,

Commissioner of the Confederate States
to the Indian Nations and Tribes West of Arkansas.

Qiii-na-hi-wi, principal chief of the No-co-ni band; 0-te,
sub-chief of the No-co-nis; Ke-pa-he-wa, sub-chief of
the No-co-nis ; Cho-o-shi, retired chief of the No-co-nis;
Po-ho-wi-ti-quas-so, principal chief of Ta-ne-i-weh
band, by Qui-na-hi-wi, principal chief of the No-co-ni
band; Ke-e-na-toh-pa, sub-chief of the Ta-ne-i-weh
band; Te-hi-a-quah, chief of the Ya-pa-rih-ca band;
Bis-te-va-na, principal chief of the Ya-pa-rih-ca band;
Pe-hai-e-chi, chief of the Ya-pa-rih-ca band; Ma-a-we,
principal chief of the Co-cho-tih-ca band; Cho-co-ra,
chief of the Co-cho-tih-ca band; Te-co-we-wih-pa, chief
of the Co-cho-tih-ca band.

Signed, sealed, and copies exchanged in presence of us.

Win. Quesenbury, secretary to the commissioner; E. Rector,
Superintendent of Indian Affaii-s foi- the Confederate
States; M. Leeper, agent of the Wichita and affiliated
bands of the Confederate States; Motey Kinnaird,
principal chief of the Mus-ko-kis; John Jumper,
principal chief of the Seminoles; Chilly Mcintosh,
Israel G. Vore, W. Warren Johnson, W. L. Pike,
Jesse Chisholm, H. P. Jones, Charles B. Johnson, J. J.
Sturm, Wm. Shirley, Wm. H. Faulkner.

(To the Indian names are subjoined marks.)

RATIFICATION.

Resolved {iivo-thirds of the Congress concurring), That the Con-
gress of the Confederate States of America do advise and consent to
the ratification of the articles of a convention made by Albert Pike,
commissioner of the Confederate States to the Indian nations west
of Arkansas, in behalf of the Confederate States, of the one part,
and the No-co-ni, Ta-ne-i-weh, Co-cho-tih-ca, and Ya-pa-rih-ca bands
of the Ne-um or Comanches of the Prairies and Staked Plain, by
their chiefs and headmen, Avho signed the same articles, of the othei'
part, concluded at the Wichita Agency, near the False Washita Rivei-,
in the country leased fi-oni the CJhoctaws and Chickasaws, on thci
twelfth day of August, A. I), one thousand eight hundred and sixty-
one, with the following amendments, to wit:

First. In the last paragraph of Article XIII, where occur the words,
"but this article creates no obligation to deliver up Mexicans who
may be prisoners," strike out all after the word "up" and insert in
lieu thereof the follomng words, "other prisoners than inhabitants
of the Confederate States or Territories thereof."

Second. Strike out all of Article XX.

Third. Strike out all of Article XXVII.

confederate authorities. 555

c'onfedeeate states of america,

Ordnance Office, War Department,

Richmond, Va., August 12, 1861.
Answer to interrogatories under resolution of Congress of July 27.
First interrogatory. What quantity of muskets and rifles has the
Government on liand besides those whicli have already been distributed
to the Army ?

Answer. All of our serviceable muskets and rifles are in the bands of troops
in the field, at posts, or in camp. The Government has on hand 3,500 muskets,
chiefly flint locks, and all of which should be passed through the workshop.

Second interrogatorj-. What quantity is tliere on hand of powder,
of lead, of sulphur, of saltpeter ? What measures have been adopted,
and at wliat time or times, to procure an additional supply of either
of the above articles ? Has any, and what, quantity of either of the
above articles been yet imported by the Government from abroad?

Answer. Powder. — The cannon-powder on hand is chiefly at the several forts
on the sea-coast, a quantity sufficient for the present wants of the sea-board
defenses. About 200,000 pounds of musket and rifle powder are on hand.

Lead. — An order has been given to and accepted by the agent of the Wytheville
Lead Mines in this State, Messrs. Crenshaw & Co., to deliver (and they are deliv-
ering) two tons of lead and 1,300 pounds of buckshot per day for 150 consecutive
days, beginning about the 1st of July.

Sulphur. — Three hundred tons are at the disposal of the Government, equal to
the production of 3,000 tons of powder.

Saltpeter. — Two hundred and forty tons of saltpeter are in possession of the
State of Georgia, and ready to be turned over to the Confederate States. A part
of it has already been turned over; the whole purchased.

What measures have been taken to procure powder, lead, sulphur,
saltpeter?

Powder. — Orders have been given to Messrs. Bowen & Co., near Pendleton,
S. C, to furnish all their mill makes, and saltpeter has been supplied to them,
they having sulphur enough for four to six tons of powder. The like order has
been given to J. M. Ostendorff , Walhalla, S. C. , and saltpeter and sulphur ordered
to his mills. These two mills will make about 300 pounds a day together. Gen-
eral Davis, near Lewisburg, Va., has lately been supplied with a small quantity
of sulphur, and he is now making powder for our troops, as he states. Two mills
near Nashville, Tenn., are preparing to make powder. Of these S. D. Morgan,
esq., of Nashville, under date of August 3, says: " One of our mills has, as I have
just learned, commenced operations on an extended scale, and another still more
extensive will be ready to operate next month, as the proprietor assures me." An
order has been given to C. D. Yale, of this State, for 250 tons of powder, to be
furnished at 40 cents per pound. Orders have also been sent abroad to purchase
2,500,000 pounds, and to a party to purchase 650,000 pounds in Mexico. (Kefer to
extract of Major Rains' letter, appended.)

Lead. — An order has been given to a party to deliver 500 tons of lead at Colum-
bia, Tex. , at 7 cents per pound, and to another to deliver a likS amount in San
Antonio, at 6 cents. What abilities these parties have to execute these orders
remains to be seen. Besides the Wytheville mine, in this State, the Confederate
Government has directed the working of a mine in North Carolina. In reference
to this Governor Warren Winslow writes, August 8 : '• 1 have written to Pasco,
an experienced miner, to come down and get ready to open the Silver Hill Mine,
in Davidson County. * * * It vnll not require much means. The furnace
will cost only $500, 1 think, and labor is now so cheaj) that a small addition will
be all that' is required." These two mines will, it is believed, supply all our
wants. The following letter is from Prof. E. Emmons, State geologist of North
Carolina, under date of July 24 : "I made, some time since, a thorough examina-
tion of the lead mine in Caldwell County, fourteen miles north of Morganton. It
will not, therefore, be necessary for me to visit and examine the mine at present.
For the information of the Department I have addressed a letter to Calvin J.
Cowles, of Wilkesborough, who owns, or did own, a lease on the property, to
open and work this mine at once, if possible. Lead can be taken out at once, or
from the present shaft and tunnel, and I have given him assurance that I will put
him or a company in a way for easy reduction of the ore, and also reiieated to

556 CORRESPONDENCE, ETC.

them the assurance conveyed in your instructions to me, that a liberal price
would be paid for any amount of lead that was produced."

Sulphur. — An order has been given to Doctor Ullmann, of Tallapoosa, Ala., to
iurnish sulphur, which he undertook to make at the rate of from 1,000 to 2,000
pounds per day. His success has not yet been reported. Efforts will be made,
under the stimulation of high prices, by various parties, to procure this ingredient
fvom the iron pyrites, and it will eventually be thus obtained quite as soon as
required.

Saltpeter. — An order was given in May last to Messrs. Leonard & Riddle, at
Montgomery, for 60,000 pounds, and they at once entered on the labor of getting
it out ; with what success I have not yet learned. Mr. Leonard was the contractor
on the Pensacola Railroad. An officer of the Department has been directed to
visit these works and report upon them, as also those of Doctor Ullmann, for getting
sulphur. An order was also given to Colonel Hindman, of Arkansas, to deliver
100,000 pounds at Memphis about the same time, but nothing has been heard from
him. Mr. RichardRoss, of Tennessee, has taken an order for fifty tons, to be gotten
from the caves of East Tennessee. In reference to the caves of East Tennessee
and North Alabama, Mr. Sholer Smith, agent of the State of North Carolina,
writes: "Messrs. Nelson & Davis, of Philadelphia, Monroe County, write that
they have their cave in full operation, and some 6,000 or 8,000 pounds of material
on hand for sale, and await an offer. They are now open to contracts. A party
in Fentress County is also ready to supply some three or four tons per
month. William Worley, of Cave Spring, Carter County, needs but assurance of
a contract to go to work in his section, which is rich in niter. Of the North Ala-
bama caves none have proved profitable except those of S. D. Boren & Co., who
are making 700 pounds per day on a contract with the State of Tennessee. They
offer us three tons per month at 35 cents per pound ; post-office, Larkinsville, Ala.
The specimens sent by this firm are very pure. The prices paid by Tennessee
range from 22 to 30 cents per pound. * * * An ample supply of niter (three
or four tons per week) can be obtained in East Tennessee, but it is necessary
that an agent should be sent there before the interest in this matter subsides to
stir them up to the work." Mr. Smith stated verbally that there were various
parties at the caves he had visited who had taken out 8,000 to 10,000 pounds, and
stood ready to sell it. I directed him to say to all said parties that the Bureau
would pay for it, delivered at the nearest railroad station, on railroad receipts, at
the rate of 25 cents per pound.

Third interrogatory.

Answer. No information in this Bureau.

Fourth and fifth iiiteiTOgatories.

Answer. Answered in reply to second interrogatory.

Sixth interrogatory. Have any small-arin.s yet been manufactured
by and for the Government at any public or private establishment
within the Confederate States? If yea, state what arms have been
so manufactured, in what quantities, and what establishments. If
not, what has prevented or delayed such manufacture?

Answer. Very few arms have yet been manufactured for the Government
either at private or public establishments for a very obvioug reason — ^there has
not yet been time to get up establishments for this purpose. A few— eight or ten
per day for four or five weeks past — it is reported, have been made out of the gun-
barrels saved from Harper's Ferry, at Wytheville, for the command of General
Floyd. An order for 30,000 stand of arms has been given to Messrs. McElwain
& Co., Holly Springs, Miss., the first delivery on which is to be made November 1,
and thereafter at the rate of 2,000 per month. Mr. Le Mat, of Louisiana, ha.s
an order to deliver 5,000 of his revolvers. Mr. Ed. Want, of New Berne, N. C,
has an order for the delivery of 5,000 pistols, to begin in three months. Orders
are out also for the manufacture of 4 ,000 swords and 3 ,000 saber-bayonets. Unlim-
ited orders have also been given to parties to purchase arms in Mexico and in
Cuba. None have yet been received by this Department. The armory at this
place will probably be in working order in six or eight weeks. That at Fayette-
ville, where some new buildings must be erected, will not be ready under four
months. The Department has received from its agents in Europe for the pur-
chase of arms positive information as to the purchase by them of arms, embracing
muskets and rifles chiefly, to the amount of §300,000, and also assurances that they
will be shipped through in safety. We therefore look forward with confidence
to their early arrival.

CONFEDERATE AUTHORITIES. 567

Extract from a letter of Maj. George W. Rains, under date of July
25, 1861:

Maj. J. GoRGAS:

In relation to the Government factory I have to state that the drawings of the
machinery are now being made at Nashville, and on my return the work will at
once be commenced. I have visited the iron-works and machine-shops at Nash-
ville, Chattanooga, Atlanta, Augusta, and on my return will do so at Rome.
I found that I could procure some of the lighter work at Nashville, and at Chat-
tanooga a portion of the heavy castings can be made ; but as they will have to
complete first the work of the Manchester Powder Mills, it will be some twenty-
five or forty days before being able to commence the Government work. At
Augusta some of the lighter work can also be constructed, and perhaps also at
Rome. At Atlanta a portion of the heavy castings can be made, having about
the same capacity as at Chattanooga for such work. Thus these two are the only
ones which have the necessary tools to do large work. Having to wait for the
latter iron-works to complete their present job, it will take over four months to
get the rolling cylinders for the mills made at these places for making two tons
of powder per day ; hence I shall be compelled to get the Tredegar "Works to
assist in their manufacture, as it vdll take not less than forty rolling cylinders
(or twenty mills) to manufacture five tons of powder each twenty-four hours,
and this is the desired capacity for the factory, if I understand you correctly.
Of course the making of powder would commence as soon as one set of machinery
could be completed without waiting for the rest, but all the apparatus necessary
for the whole, such as making charcoal, refining niter, refining sulphur, breaking
cake, pressing, granulating, dusting, pulverizing, glazing, &c. , with drying-houses
for wood and powder, as also all the buildings to contain the same, and maga-
zines would have to be constructed before the manufacture could commence.
Thus, with all the facilities which can be had, even with the aid of the Tredegar
Works, and working night and day, it will take at least three months before any
of the machinery can be put into operation. I was fortunate enough to find two
good steam engines, of 80-horse power each, with boilers and fixtures complete,
at Atlanta (second hand) , which can be had for the motive power should water-
power not be procured. This will supply force sufficient to make two and a half
tons of powder each twenty-four hours, as it will require over 300-horse power
for the factory complete. In four months, if fortunate, I may be able to make
two and a half tons of powder per day, and this, joined to the amount fabricated
by the private mills above referred to, vsall give a probable supply of three and a
half to four tons per twenty-four hours at that time.

[Indorsement.]

Wednesday Night.
I have no less than six times to-day seen Major Gorgas and been to
his ofiice importuning for his signature to this paper, so tliat it might
be sent to Congress. At 8 o'clock at night it comes not signed.

JOHN TYLER, Jk.

Confederate States op America, War Department,

Richmond., Auijust 12, 18G1.
G. B. Lamar, Esq.,

Savannah, Oa.:

Sir: The Acting Quartermaster-General, to whom had been referred
your letter of August 9, dated at Richmond, has reported that in liis
opinion importations for the supply of our Army would be immediately
necessary, embracing not less than 1,000,000 pairs of shoes, 800,000
yards gray woolen cloth, 500,000 stout flannel shirts, and 500,000 pairs
of Irish woolen socks. Will you inform this Department upon what
terms you would accept the agency for the purchase of the above-
named supplies and such others as might be necessary, and also iti
what time deliveries might be expected, according to the plan you pro-
pose ? You are requested to add any other suggestion or information

558 COEKESPONDENCE, ETC.

relative to the plan of importation you propose which may be of use
to this Department.

Very resi)ectfully,

L. P. WALKER,
Secretary of War.

Confederate States ov America, War Department,

Richmond, August 12, 1861.
His Excellency Governor Pickens,

Charleston, S. C:
Sir: Your letter of August 6, introducing Colonel Green, has been
received, but did not reach this Depailment until the 10th. You are
requested to have the guns to which you refer rifled as you proposed
at the expense of this Government, and to provide further, also, such
harness, caissons, and other equipments as can be procured in South
Carolina. When the battery is in readiness the horses will be fur-
nished by the Government, or those to which you refer will be pur-
chased for this use if deemed suitable by the proper ofiScers of the
Government. The other topics in Your Excellency's letter will receive
due attention.

Very respe(;tfully,

L. P. WALKER,
Secretdvy of War.

Spots WOOD House,
Richmond, August IS, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: I beg leave to submit for your consideration the following plan
to assist in supplying the Army with blankets, shoes, &c. : Let an
agent proceed to Canada and' purchase whatever can be found or
obtained on ordere to be filled at an early date. Said goods to be
shipped to a Mexican port, say Matamoras, or some other; 1,000 teams
in Texas can be put into service, and sent to bring such goods to our
depots; said goods to be paid for either in cash or Confederate bonds,
redeemable within sixty days after the blockade is raised, the parties
to take cotton then at fair rates if they choose. If successful this plan
can be executed with dispatch. It may save the Government several
hundred thousand dollars. All the Texans known in this city of sound
judgment and practical information indorse the plan as one deemed
feasible. Other eminent civilians approve it. If left to private enter-
prise it may fail. If it should not succeed the Government shall not
be subject to a dollar of loss. I greatly prefer the Government should
have the entire benefit, and not a penny be made by any private
operator. The plan is too promising of valuable results, in my judg-
ment, to be permitted to fail for want of trial.

With great respect, your obedient servant,

C. K. MARSHALL.

[August 14, 1861. — For proclamation of Jefferson Davis in relation.
to alien enemies, see Series II, Vol. II, p. 1369.]

t'ONFEDEKATE AUTHORITIES. 559

AN ACT to i)rovide for the appointment of surgeons and assistant surgeons for

hospitals.

The Congress of the Confederate States of America do enact, That
1 lie President be, and he is hereby, authorized to appoint in the Pro-
visional Army as many surgeons and assistant surgeons for the various
hospitals of the Confederacy as may be necessary.

Approved August 14, 1861.

London, Augud U, 1861.
Hon. L. P. Walkek,

Secretary of War:
Sir: I have received througli Messrs. Frasor, Trenholra & Co., of
Liverpool, your letter of the 18th ultimo, containing the report of
Capt. H. L. Hanley, commanding expedition sent in searcli of the
ship Windsor Forest, <fec. The same shall be carefully considered.
Since the date of my dispatch to you of the 11th Instant, I am happy
to inform you that arrangements are in progress for the purchase of
a large number of Enfield rifles, which will very nearly exhaust the
supply of raonej"^ forwarded on the 1st of July. I have, however,
recently received from His Excellency the Governor of Georgia an
order on a house in Liverpool for $100,000, with a reqiiest that it may
be expended in the purchase of arms for that State. This will enable
mo to take up many muskets that are at this time being offered,
a large portion of which, I am inclined to believe, were ordered for
the United States Government, but which, for the want of funds
in hand, they are unable to obtain from the manufacturers. Some of
these guns now in our possession have their viewers' marks upon
Ihem, indicating that they had been inspected and accepted by their
agents. Of course we subject them to the ordeal of our own standard
of excellence, I have deemed it my duty to mention the fact of my
having been requested to purchase arms for the State of Georgia, and
in consenting to do so I have felt that I should have the sanction of
the Department, when it is considered that every weapon sent to that
State is strengthening the good cause of our common Confederacy,
added to which is the advantage presented me of going continuously on
with our purchases, without being compelled to stop for the arrival of
additional means from Richmond. I would urge the prompt supply
of money from home, that we may keep the advantage we now
possess.

Very respectfully, your obedient servant,

EDWD. C. ANDlifRSON,

Major, Artillery.

War Department,
Richmond, August 15, 1861.
Hon. W. Porcher Miles,

Chairman of the Military Committee in the Congress:
Sir: The Congress have passed a law authorizing a large increase
of the Army, in accordance with the report of the Military Committee,
in the necessity for which this Department fully concurs. In view of
the increase of force, it is highly desirable that the President should
be authorized to appoint lieutenants in the Provisional Army, to be
attached as supernumeraries to companies, battalions, and regiments.

560 CORKESPONDENCE, ETC.

The reason for this may be found in the fact that the war has broken
up the military schools of the Confederate States and thus thrown out
of their professional pursuits a number of young men, whose services
in the future are indispensable to the country. Many of them are
advanced in their military studies and the most of them are good
drill-masters and tacticians.

The Regular Army, even if its organization was not suspended, pre-
sents too limited a field of provision for them all, and without some
such measure as that indicated the Government and country will lose
the assistance of many who would make valuable officers.

The subject is respectfully submitted to the consideration and judg-
ment of your committee.
Respectfully,

L. P. WALKER,

Secretary of War.

[August 15, 1861. — For Walkej to Moore, calling for six compunies
of Alabama troops for service at Fort Gaines, see Series I, Vol. LII,
Pan II, p. 130.]

Mobile, August 10, 1861.
Hon. L. P. Walkek,

Richmond:
Dear Sir : I trust you will pardon the liberty I take in suggesting
to you a mode of importing guns from Europe, which I must think is
entirely practicable. For example, what is to prevent an English or
French ship from clearing for Matamoras, in Mexico, and landing their
cargo without any interference whatever from the U. S. vessels? And
if they can be landed in Matamoras, certainly we can get them into
this country. They could be shipped in the name of a Mexican mer-
chant who could be induced to engage in the transaction, or they
might be shipped as English property to a merchant in Matamoras,
and to be paid for in part or in whole when landed. I am at a loss to
see any sort of difficulty in this mode of getting any quantity of arms
needed.

Veiy respectfully,

11. G. HUMPHRIES.

Adjutant-General's Office,

lAttle Bock, Ark., August 15, 1861.
Hon. L. P. Walker,

Secretary of War, Eichmond, Fa.;
Sir Youi communication of June 30, 1861, was duly received, and
action taken thereon by proclamation to the people of Arkansas, dated
August 8, 1861. His Excellency the Governor directs me to convey
to you his views regarding the raising of the 3,000 men required by
the President's requisition. The State of Arkansas has now in the
field nearly if not quite 20,000 men, to wit: Two regiments in Vir-
ginia, one regiment of cavalry (Churchill's) with McCulloch, three
regiments of infantry, one regiment of cavalry, two companies of
artillery transferred to Brigadier-General Hardee by agreement July
15, 1861. To which may be added thirteen companies under com-
mand of Colonel Hindman, most of the men of which, it is under-
stood, were obtained from this State. There are three regiments of

CONPEDEUATE AUTH0EITIE8. 561

infantry, one regiment of cavalry, and at least one company of artil-
lery, recently commanded by Brig. Gen. N. Bart. Pearce, of the State
provisional army, now transferred to the Confederate service. In
addition to all of these the regiments called into service by proclama-
tion of the Governor, eight in number, have recently by agreement
been transferred to the Confederate Government, together with a con-
siderable force drawn to McCulloeh by his invitation, the number of
which is unknown to the Executive. Although His Excellency has
every confidence in the firm and unwavering patriotism of the people
of Arkansas, and in the strong Southern sentiment that prevails
throughout the country, he nevertheless inclines to the opinion that
it will prove diflicult to obtain the 3,000 men for the war by the plan
indicated by the War Department, and for several reasons : That tlie
people of this State are generally averse to long or indefinite terms of
service; that nearly if not quite one-third of the number of the voting
population are already in the field ; that no incentive is left to oificers
to exert themselves to raise companies, the appointment of field and
staff oflBcers being retained by the President, and that few men could
now be induced to enlist for the war with the knowledge that they
were to be retained in a camp of instruction while battles were being
fought and won and honor and glory acquired by more fortunate indi-
viduals. His Excellency by no means intends to induce the impres-
sion that the number of men required may not be obtained, but
desires merely to intimate that by the plan indicated much delay
might be occasioned. He is of opinion that there are two judicious
modes by which the object of the President may be readily attained —
either by the recruiting system, or inducements oifered to gentlemen
and men of means in the country to raise companies, with the pros-
pect of obtaining promotion to field and staff officers. He recommends
that one or other of these modes be adopted by the War Department.
In the event of the recruiting system being determined upon, he
recommends that agents be sent not only to the two places of rendez-
vous named by himself, to wit, Clarksville and Batesville, but to
other accessible points in the State, to receive, muster into service,
subsist, and take charge of all the volunteers who may oifer them-
selves. The two companies of cavalry required by the President have
already been received, fully armed and equipped, mustered into serv-
ice, and ordered to report themselves to Brigadier-General Hardee.
His Excellency directs me to assure the President that every effort
will be exerted by himself at any and all times to render what assist-
ance may be in his power to sustain the Confederate Government and
Southern independence.

I have the honor to be, sir, very respectfully,

EDMUND BURGEVIN,
Adjutant- General of Arkansan.

Confederate States of America, War Department,

Richmond, August 15, 1801.
His Excellency John Letcher,

Governor of Virginia:
Sir: Your letter of yesterday morning has just been received. The
Secretary of War regrets to perceive that Your Excellency has misap-
prehended the purport of his letter, and hastens to correct the error.
36 R R — SERIES IV, VOL I

562 CORRESPONDENCE, ETC

It is not the intention of this Department to exclude the State of Vir-
ginia from the co-operation proposed for the clothing of our soldiers,
nor was Your Excellency's letter of former date understood as express-
ing any unwillingness to co-operate in that respect; but the note of
this Department of 12th instant was dictated solely by the fact, as
expressed in the report of the quartermaster-general, that the quarter-
master's department of the State of Virginia has been absorbed by the
Confederate States of America, and by the other fact, suggested also
by Your Excellency, that a competition of two organizations in the
same market and for the same object would greatly enhance the prices.
The recommendation of the Acting Quartermaster-General was made
in accordance with these facts and was approved accordingly. This
Department is happy to be assured of the readiness of Your Excel-
lency, which the Department did not by any means doubt, to aid in
the proposed work. Your Excellency's letter of yesterday's date will
be referred to the Quartermaster-General's Department, and if any
plan can be devised, such as Your Excellency suggests, to avoid the
competition which has been feared, this Department will be happy to
accept the co-operation which Your Excellency offers.
Very respectfully,

L. P. WALKER,
Secretary of War.

Savannah, August 16, 1861.
Hon. L. P. Walker,

Secretary of War:

Sir : Yours of 12th instant is received, and I have just had a con-
sultation with my friend William Battersby, esq., on the subject of
supplies for the Army. We have come to the conclusion, as we see
that the Northern collectors have already refused clearances to
British vessels, and as your supplies are much larger than I antici-
pated and shipping so largely, to unfrequented ports would excite
suspicions and prevent clearances to our vessels, that the orders had
better be filled from England direct, more especially as the proba-
bility is increasing that the blockade must be raised by Great Britain
and France in their own defense by the 1st of October, and by the
time the vessels with the goods would arrive off our coasts all obsta-
cles to their entry would be removed. We concur, therefore, in opin-
ion that he had better go at once to England, taking Richmond in
the way to get ample instructions and funds. He has a brother con-
versant with all business in Manchester who would make the pur-
chases, while he would purchase one or two ships, as might.be requi-
site, for account of the Government, keep all the titles to vessels and
goods in his own name as a British subject, and clear them for dif-
ferent ports (if he has more than one vessel), putting the instructions
on board sealed, and not to be opened till they get this side tlie
Atlantic; to take with him from here two trusty pilots, well
acquainted with our coasts, to take command of or to pilot the ves-
sels into ports on this side. By this plan we would get the goods
somewhat cheaper, have the chance of having the blockade removed
when the vessels arrive, and run no hazard of the locking up the
goods by refusing a clearance or seizure at the North.

It would be necessary to furnish him the money in sterling exchange,
fully $2,000,000, for the investment, and he will pay all his own

CONFEDERATE AUTHORITIES. 563

expenses, and for his own and his brother's services charge 2| per
cent, commission. He could take samples of the articles with him,
but, except the shoes, his brother is as good a judge of what you
want as can be found ; but I would suggest to get blue cloth instead
of gray, for it is warmer; at any rate for half the order. I beg leave
to suggest reasons why I think Great Britain and France will remove
the blockade: First, each derives $20,000,000 to $25,000,000 of reve-
nue from tobacco. Second. Great Britain has 3,500,000 population
directly dependent on cotton and 2,500,000 more directly connected
witli it. Third. She has $200,000,000 capital invested in factories of
cotton, ^vhich would be idle, involving 1,200 mills, besides coal mines.
Fourth. That the failure to export largely of cotton goods to India and
China would cause a ruinous drain of silver and gold to those regions
to procure many necessaries now obtained from them. Fifth. It would
injuriously affect trade, commerce, shipping, and banking in all
Europe. Sixth. France and Germany are equally dependent on Great
Britain for like causes, and especially as the Continent gets much of
its yarn from England — the export last year 1,142,000,000 yards of
cotton goods and 28,000,000 pounds of yarn to China and India, all of
which prevented, so far, the export of coin. England and France
have no coin now to spare — not enough to buy onr cotton. Seventh.
The stock of American cotton in Liverpool on the lOth of July was
800,000 bales; at sea, bound there, 60,000 bales. The consumption
and export was at the rate of 45,000 bales per week, which would con-
sume every bale of it by the 15th of December next; that to get sup-
plies they must begin to load ships here by October, and it must go
forward at the rate of 50,000 to 60,000 bales per week to keep them at
work, and much faster than that to put them into stock, even at lOd.
per pound. The price of cotton is now 18 cents in New York, and
the necessities of Noi-them factories have caused imports from Liver-
pool, where the price was only 16 cents by last advices.

The only apprehension Great Britain need feel is to get France to
act with her. In that event Lincoln will not make hostilities against
both; but of her act alone Lincoln may make war on her, turn his
privateers loose and cut up her commerce, which would greatly bene-
fit his bankrupt people and give France the pre-eminence in commerce.
Mr. Battersby waits your instructions to go to Richmond, either by
telegram or letter, and I will go, too, if necessary.
Yours,

G. B. LAMAR.

Savannah, Auguat 10, 1861.
Hon. L. P. Walker,

Secretary of War, Richmond:
Sir: Since I sent my letter to you of this date it occurs to me that
Mr. Charles Green, of this city — a Britisli subject, too, and equally
responsible and reliable — is already in England, and willing and
anxious to attend to any business intrusted to him for the Confed-
erate States. Letters of instruction and bills of exchange can be sent
to him via Tennessee and Louisville, and I have liis cipher, with
which I can correspond with him secretly, and I can send pilots from
here to him, and they would only know they wore going to England
to meet him. Sterling exchange can be had here to the extent of
$500,000 and $600,000 at 10 and 15 per cent. ; in Charleston, about 12^

564 COREESPONDENCE, ETC.

per cent. , all bank drawn. Individual bills, 9 and 10 per cent. To
bay for cash would save much more than the interest. To buy on
time you would have to pay a commission for acceptance, banker's
commissions, stamps, &c.

G. B. LAMAR.

Edenton, N. C, August 16, 1861.
Hon. L. P. Walkek,

Secretary of War:
Dear Sir: Owing to the peculiar character of the sea-coast of
North Carolina, with its numerous inlets, which cannot be effectually
guarded by all the vessels in the world, particularly during the
autumn and winter months, I think it would be no difficult task to
get arms, &c., from Europe, provided the arms can be sent to one of
the West India Islands and there met by small-class vessels sent
from our waters to receive and continue the transportation. I am
willing to render any aid, and without remuneration. I have three
steamers which, at any time that such an enterprise might demand,
could be commanded, and at any time I have it in my power to
engage schooners of light draft that might, under skillful navi-
gators, reach, I think, in safety one of the West India Islands, and
return, bringing arms, &c. We have with us men that can be trusted,
and who have been used to the coasting trade from their boyhood,
and are thoroughly acquainted with all the West India Islands. I
should have written earlier, but have been indisposed since my return
home, and indeed am not now able to write as fully as I wish.
Very respectfully and obediently, yours,

THOMAS D. WARREN.

I have taken the liberty«of inclosing an old map of North Carolina,*
which I beg you will accept with my compliments. It is one of the
best maps as to its topography that I know.

T. D. W.

Confederate States of America, War Department,

Richmond, August 17, 1861.
Capt. Caleb Huse and
Maj. Edward C. Anderson,

C. S. Service, London:
Gentlemen: A remittance of $248,333.33 will -be transmitted to
you, together with this letter, by John Eraser & Co. , of Charleston,
S. C. You will immediately invest this sum in the purchase of arms
and make shipment of them with all possible expedition. The reasons
assigned to you for the important haste in my letter of July 22 exist
with still greater force, notwithstanding three glorious victories have
perched upon our banners. We want arms and must have them if
they are to be had. I trust you will no longer confine yourselves to
Great Britain and Belgium in your efforts, but that you will visit the
different kingdoms in order to procure them. Our commissioners
must not interfere with your shipment of arms. I say this in reply
to Major Anderson's last letter. I again call your attention to the
routes suggested in my letters of July 18 and 22, but at the same time

* Not found.

CONFEDERATE AUTHORITIES. 565

must leave to your presence and judgment the mode of shipment and
the route to be selected.

Relying upon your exertions to procure for us arms, and upon your
dexterity in shipping them in safety to some secure port from whence
they will reach us at no distant day, •
I remain, very respectfully,

L. P. WALKER,
Secretary of War.

P. S. — Other remittances will be made to you from time to time,
and j'ou need have no hesitation in making purchases for cash, as
there is no difficulty in procuring money.

Executive Office,
Jackson, Miss., August 18, 1861.
Hon. L. P. Walker,

Secretary of War:

Sir : The thirty companies f orthe war which the President requested
me to enlist and place in camps of instruction are now ready to go
into camp and are impatient for orders to do so. I have forwarded
the bonds of P. S. Catching and J. B. Chrisman, quartermaster and
commissary for the camp at Brookhaven, and have ordered some
three or four companies into camp there. No mustering officer has
arrived there, and no provisions have been received. The companies
there receive rations from the State. I have not received commissions
for the quartermaster and commissary for the camp at Marion Station,
and I have heard of no provision being made there for the fifteen
companies ordered to rendezvous at that camp. Your attention to
this matter at an early day will relieve me from some embarrassment
in the premises and quiet the fears of some of the companies that they
may not get into the service after all the trouble and expense which
they have incurred in getting up their companies.
RespectfuUj',

JOHN J. PETTUS.

University of Alabama,

August 18, 1861.
Hon. L. P. Walker,

Secretary of War, Richmond, Va.:
Dear Sir: The inclosed letter from Captain Huse was received
to-day at the office of the superintendent of the University of Ala-
bama. He being absent in Virginia, it devolves on the undersigned
to copy it and transmit the original and the copy. The copy will be
sent by the mail of to-morrow.

Very respectfully, your obedient servant,

JNO. W. PRATT.

[Inclosure.]

Paris, July 22, 1861.
Maj. J. Gorgas,

Corps of Artillery, C. S. Army:
Major: I have the honor to inform you that my means of commu-
nicating with the War Department since my arrival in Europe have

566 CORRESPONDENCE, ETC.

been, as you must be aware, almost entirely cut off. I have felt the
necessity of communicating, if such a thing were possible, but rather
than have my letters fall into improper hands it has seemed to me
better that I should defer writing till an opportunity offered of send-
ing a letter through with safety. I learn that letters now pass from
the United States to the Confederate States by way of Louisville, and
I have decided to make use of that means of communication, by
addressing my letter to a citizen of the Confederacy, with tlie request
that he will forward it to the War Department.

Since I have been in Europe I have found my operations very much
embarrassed from two causes. First, having but very limited means
at my disposal, and the market being but poorly supplied with muni-
tions of war, when at the same time there were several agents with
large means at their command purchasing for other Governments,
among which were the United States, Italy, Spain, Russia, and Peru.
The U. S. agents and the agents of the individual Northern States
were my most formidable competitors. Their orders appear to have
been unlimited, both as regards price and quantity, and they paid
cash in every instance. Under these circumstances I am certain that
you cannot fail to appreciate the difficulties under which I have had
to execute my orders. I should state, moreover, that the U. S. min-
isters to England, France, and Belgium have been very active in their
endeavors to discover what the agents of the Confederacy are effect-
ing. They have agents employed for no other purpose, and it is of
the highest importance that these agents should be kept in ignorance
of all the acts of any agent of the Confederacy. Any person that has
ever become acquainted with Europe from personal experience knows
how difficult it is for a stranger to keep his actions secret when spies
are on his path. The gentleman who left Montgomery in May with
orders to co-operate with me has been with me since his arrival in
England, and in everything that has been done he has cordially
co-operated with me.

We have found it impossible to purchase any arms that in our
opinion could be classed as coming within the description contained
in my letter of instructions. In such a time as the present neither
that gentleman nor myself would have hesitated to depart from the
strict letter of the Department, if by so doing we could have secured
arms that in our opinion would have been valuable to the Army.
We have found, however, that nothing was to be had in all Europe
approaching to the requirements of our instructions or to our own
standard of excellence. We have received communications from sev-
eral parties that offered cannon, small-arms, acc(ftiterments, and, in
fact, munitions of war of all kinds and of the best quality; but when
we came to examine the samples we have found everything to be old
and unserviceable, the small-arms either smooth-bored or that had
once been and that were originally made with flint-locks. We have
decided that we ought not to purchase such arms without explicit
orders to that effect. Besides being arms of an inferior quality, in
which the soldiers of the Army would have little confidence, the add-
ing of another caliber would give rise to great confusion, and might
lead to very disastrous results. We are informed that the U. S.
agent — in this case the minister, Mr. Dayton — has purchased within
a few <lays 30,000 old flint-lock muskets, which are to be altered
before they are sent to the United States.

There are other muskets here in France of a similar character,
which it will probably be possible to purchase. They are not such as

CONFEDERATE AUTHORITIES. 567

in our opinion aie required, but it maybe that we shall consider it
important to prevent their falling into the hands of the enemy by
purchasing them for the Confederacy. The statistics of the Italian
war go to prove that the mortality is no greater with rilled arms than
Avith smooth-bored barrels, and that the latter in the hands of disci-
plined troops would be quite as good as the best Enfield rifle. Whether
the troops of the Confederate Army would have that confidence in
such arms as would make them efficient is a question which we do not
feel called upon to answer. If we could obtain these arms by giving
an order on the Confederate Government in payment we should not
hesitate to purchase them. They must, however, be paid for in cash —
as, indeed, must everything else required in war at the present time.
It is to be hoped that remittances have been sent forward before this,
for I have entered into contracts which will require some 25 per cent,
more than the amount wliich I have received, and I shall be compelled
to pledge a portion of the property already purchased unless I receive
money before the payments become due.

The agent for the Navy Depart.ment has co-operated with me, and
all the small-arms that have been obtained by either are of the same
caliber — that of the Enfield rifle, and sufBciently near to that of the
Harper's Ferry rifle to admit of the same ammunition being used for
both. Not feeling that there is any certainty of my letter being
re3eived by the War Department without having first been opened,
I shall state wliat has been done in terms that can only be understood
by the Department. Referring to Schedule A, inclosed with my
orders, dated April 17, I shall have ready by the 1st of August 40 per
cent, of the first-named article, 40 per cent, (two-fifths) of the third
named, and material for as many more. There will also be ready at
the same time accouterments in number nearly equal to the muskets
purchased. The shipping of the articles will be left in the hands of
the agent of the Navy Department. Everything purchased is of the
best quality, and has been obtained at as low prices as the condition
of the market permitted. By the end of October we shall have one-
half the number named in the first line of the second schedule of
purchases forwarded to me by letter to Liverpool. Every other article
excepting the first named can be obtained without difficulty. All
the preliminary arrangements for securing them from the best estab-
lishments in England have already been made.

I have the honor to be, very respectfully, your obedient servant,

C. H.

The gentleman who sailed in a small vessel from Savaniiah requests
me to say that his last letter to the Department was dated July G.

AN ACT to authorize the issue of Treasury notes and to provide a war tax for

their redemption.

The Congress of ihe Confederaie States of America do enact, That
the Secretary of the Treasury be, and he is hereby, authorized, from
time to time, as the public necessities may require, to issue Treasury
notes, payable to bearer at the expiration of six months after the rati-
fication of a treaty of peace between the Confederate States and the
United States, the said notes to be of any denomination not less than
$5, .and to be reissuable at pleasure until the same are payable; but

568 CORRESPONDENCE, ETC.

the whole issue outstanding at one time, including the amount issued
under former acts, shall not exceed $100,000,000. The said notes
shall be receivable in payment of the war tax hereinafter provided,
and of all other public dues except the export duty on cotton, and
shall also be received in payment of the subscriptions of the net pro-
ceeds of sales of raw produce and manufactured articles.

Sec. 2. That for the purpose of funding the said notes and of mak-
ing exchange for the proceeds of the sale of raw produce and manu-
factured articles, or for the purchase of specie or military stores, the
Secretary of the Treasury, with the assent of the President, is
authorized to issue bonds, payable not more than twenty years after
date, and bearing a rate of interest not exceeding 8 per cent, per
annum until they become payable, the interest to be paid semi-
annually, the said bonds not to exceed, in the whole, $100,000,000, and
to bo deemed a substitute for $30,000,000 of the bonds authorized to
be issued by the act approved May sixteenth, eighteen hundred and
sixty-one ; and this act is to be deemed a revocation of the authority
to issue the said 130,000,000. Tlie said bonds shall not be issued in
less sums than $100, nor in fractional parts of a hundred, except,
when the subscription is less than $100, the said bonds may be issued
in sums of $50. They may be sold for specie, military and naval
stores, or for the proceeds of raw produce and manufactured articles,
in the same manner as is provided by the act aforesaid ; and when-
ever subscriptions of the same have been or shall be made payable
at a particular date the Secretary of the Treasury shall have power to
extend the time of sales until such date as he shall see fit to indicate.

Sec. 3. The holders of the said Treasury notes may, at any time,
demand in exchange for them bonds of the Confederate States,
according to such regulations as may be made by the Secretary of tlie
Treasury. But whenever the Secretary of the Treasury shall adver-
tise that he will pay off any portion of the said Treasury notes, then
the privilege of funding, as to such notes, shall cease, unless there
shall be a failure to pay the same in specie on presentation.

Sec. i. That for the special purpose of paying the principal and
interest of the public debt, and of supporting the Government, a war
tax shall be assessed and levied of 50 cents upon each $100 in value
of the following property in the Confederate States, namely: Real
estate of all kinds; slaves; merchandise; bank stocks; railroad and
other corporation stocks; money at interest or invested by individuals
in the purchase of bills, notes, and other securities for money, except
tlie bonds of the Confederate States of America, and cash on hand or
on deposit in bank or elsewhere; cattle, horses, and mules; gold
watches, gold and silver plate, pianos, and pleasure carriages: Pro-
vided, however. That when the taxable property hereinabove enu-
merated of any head of a family is of value less than $500, such taxable
property shall be exempt from taxation under this act: Andiirovided
further. That the property of colleges and schools, and of charitable
or religious corporations or associations actually used for the purposes
for which such colleges, schools, corporations, or associations were
created, shall be exempt from taxation under this act: And provided
further. That all public lands and all property owned by a State for
public purposes be exempt from taxation.

Sec. 5. That for the purpose of ascertaining all property included
in the .above classes, and the value thereof, and the person charge-
able with the tax, each State shall constitute a tax division, over which
shall be appointed one chief collector, who shall be charged with the

CONFEDERATE AUTHORITIES. 569

duty of dividing the State into a convenient nninbor of collection
districts, subject to the revisal of the Secretary of the Treasury. The
said collector shall be appointed by the President, and shall hold his
office for one year, and receive a salary of $2,000. He shall give
bond with sureties to discharge the duties of his office in such amount
as may be prescribed by the Secretary of the Treasury, and shall take
oath faithfully to discharge the duties of his office and to support
and defend the Constitution. The said chief collector shall, with the
approbation of the Secretary of the Treasury, appoint a tax collector
for each collection district, whose duty it shall be to cause an assess-
ment to be made, on or before the first day of November next, of all
the taxable property in his district included in each of the above-
mentioned classes of property, and the persons then owning or in
possession thereof; and in order thereto the said tax collectors may
appoint assessors, who shall proceed through every part of their
respective districts, and after public notice, shall require .all pei'sons
owning, possessing, or having the care and management of any
propei'ty liable to the tax aforesaid, to deliver written lists of the
same, which shall be made in such manner as may be required by the
chief collector, and as far as practicable conformable to those which
may be required for the same purpose under the authority of the
respective States; and the said assessors are authorized to enter into
and upon, all and singular, the premises for the purposes required by
this act.

Sec. 6. If any person shall not be prepared to exhibit a written list
when required, and shall consent to disclo.se the particulars of taxable
property owned or possessed by him, or under his care and manage-
ment, then it shall be the duty of the officer to make the list, which,
being distinctly read and consented to, shall be received as the list of
such person.

Sec. 7. That if any person shall deliver or disclose to any collector
or assessor appointed in pursuance of this act and requiring a list as
aforesaid any false or fraudulent list with intent to defeat or evade
the valuation or enumeration hereby intended to be made, such per-
son so offending shall be fined in a sum not exceeding $500, to be
recovered in any court of competent jurisdiction.

Sec. 8. Any person who shall fail to deliver to the collector or
assessor a list of his taxable property at the time prescribed by him
shall be liable to a double tax upon all his taxable property, the same
to be assessed by the collector or assessor, and to be collected in the
same manner and by the same process as is herein provided as to the
single tax.

Sec. 9. The lists shall be made in reference to the value and situa-
tion of the property on the first day of October next, and shall be made
out, completed, and be delivered into the hands of each of the tax col-
lectors on the first day of December next; and upon the receipt tliereof
each tax collector may, for twenty-one days next ensuing the said first
of December, hear and determine all appeals from the said assess-
ments, as well as applications for the reduction of a double tax, when
such tax may have been incurred, to a single tax, which determination
shall be final.

Sec. 10. The several tax collectors shall, on or before the first daj' of
February ensuing, furnish to the chief collector of the State in which
his district is situated a correct and accurate list of all the assessments
made upon each person in his district and of the amount of tax to be
paid by such person, specifying each object of taxation; and the said

570 CORRESPONDENCE, ETC.

chief collector shall collate the same in proper form and forward the
collated list to the Secretary of the Treasury.

Sec. 11. The said several collectors shall, on the first day of May
next, proceed to collect from every person liable for the said tax the
amounts severally due and owing, and he shall ijrevionsly give notice
for twenty days in one newspaper, if any be published in his district,
and by notifications in at least four public places in each township,
ward, or precinct v/ithin his district, of the time and place at which he
will receive the said tax; and on failure to pay the same it shall be the
duty of the collector, within twentj' days after the first day of May afore-
said, by himself or his deputies, to proceed to collect the said ta.xes by
distress and sale of the goods, chattels, or effects of the persons delin-
quent. And in case of such distress it shall be the duty of the officer
charged with the collection to make, or cause to be made, an account of
the goods or chattels which may bo distrained, a copy of which, signed
by the officer making such distress, shall be left with the owner of
possessor of such goods, chattels, or effects, or at his or her dwelling,
with a note of the sum demanded, and the time and place of sale;
and the said officer shall forthwith cause a notification to be publicly
advertised or posted up at two public places nearest to the residence
of the person whose property shall be distrained, or at the court-house
of the same county, if not more than ten miles distant, which notice
shall specify the articles distrained, and the time and place proposed
for the sale thereof, which time shall not be less than ten days from
the date of such notification, and the place proposed for the sale not
more than five miles distant from tlie place of making such distress :
Provided, That in any case of distress for the payment of the taxes
aforesaid, the goods, chattels, or effects so distrained shall and may
be restored to the owner or possessor if, prior to the sale thereof, pay-
ment, or tender thereof, shall be made to the proper officer charged
with the collection of the full amount demanded, together with such
fee for levying, and such sum for the necessary and reasonable
expense of removing and keeping the goods, chattels, or effects so
distrained, as may be allowed in like cases by the laws or practice of
the State wherein the distress shall have been made; but in case of
non-payment or tender as aforesaid, the said officers shall proceed to
sell the said goods, chattels, or effects at public auction, and shall
and may retain from the proceeds of such sale the amount demand-
able for the use of the Confederate States, with the necessary and
reasonable expenses of distress and sale, and a commission of 5 per
cent, thereon for his own use, rendering the overplus, if any there be,
to the person whose goods, chattels, or effects shall' have been dis-
trained : Provided, That it shall not be lawful to make distress of the
tools or implements of a trade or profession, beasts of the plow, and
farming utensils necessary for the cultivation of improved lands,
arms, or such household furniture or apparel as may be necessary for
a family.

Sec. 12. That if the tax assessed on any real estate shall remain
unpaid on the first day of June next, the tax collector of the district
wherein the same is situated shall, on the first Monday in July there-
after, proceed to sell the same, or a sufficiency thereof, at public out-
cry, to the highest bidder, to pay said taxes, together with 20 per cent,
on the amount of said taxes and costs of sale, said sale to be at the
court-house door of the county or parish wherein said real estate is
situated ; and if there shall be more than one county or parish in a dis-
trict, the said tax collector is authorized to appoint deputies to make

CONFEDERATE AUTHORITIES. 571

such sales in liis name as he cannot attend to himself, and for all lands
so sold bj' said deputies the deeds as hereinafter provided for shall be
executed by said collector, and such sales so made shall be valid,
whether the real estate so sold shall be assessed in the name of the true
owner or not. But in all cases where the property shall not be divis-
iljle so as to enable the collector by a sale of part thereof to raise the
whole amount of the tax, with all costs, charges, and commissions, the
whole of such property shall be sold, and the surplus of the proceeds
of the sale, after satisfying the tax, costs, charges, and commissions,
shall be paid to the owner of the property, or his legal representa-
tives, or if he or they cannot be found, or refuse to receive the same,
then such surplus shall be deposited in the Treasury of the Confederate
States, to bo there held for the use of the owner or his legal represent-
atives, until he or they shall make application therefor to the Secretary
of the Treasury, Avho, upon such application, shall, by warrant on the
Treasury, cause the same to be paid to the applicant. And if the
property offered for sale as aforesaid cannot be sold for the amount
of the tax due thereon, with the said additional 20 per cent, thereto,
the collector shall purchase the same in behalf of the Confederate
States for the amount aforesaid : Provided, That the owner or super-
intendent of the property aforesaid, before the same shall have been
actually sold, shall be allowed to pay the amount of the tax thereon,
with an addition of 10 per cent, on the same, on the payment of which
the sale of the said property shall not take place : Provided also, That
the owners, their heirs, executors, or administrators, or any person on
their behalf, shall have liberty to redeem any lands and other real
property sold as aforesaid within two years from the time of sale, upon
payment to the collector for the use of the purchaser, his heirs, or
assignees, of the amount paid by such purchaser, with interest for the
same at the rate of 20 per cent, per annum, and no deed shall be given
in pursuance of such sale until the time of redemption shall have
expired: Provided further, That when the owner of any land or other
real property sold for taxes under the provisions of this act shall be
in the military service of the Confederate States before and at the
time said sales shall have been made, the said owner shall have the
privilege of i-edeeming the said property at any time within two years
after the close of his term of service. And the collector shall render
a distinct account of the charges incurred in offering and advertising
for sale such property, and shall pay into the Treasury the surplus,
if any there be, of the aforesaid addition of 20 per cent., or 10 per
cent., as the case may be, after defraying the charges. And in every
case of the sale of real estate which shall be made under-the authority
of this act for the assessment and collection of direct taxes by the
collectors or marshals, respectively, or their lawful deputies, respect-
ively, or by any other person or persons, the deeds for the estate so
sold shall be prepared, made, executed, and proved or acknowledged
at the time and times prescribed in this act by the collectors, respect-
ively, within whose collection district such real estate shall be situated,
or, in case of their death or removal from office, by their successors,
on payment of the purchase money, or producing a receipt therefor if
already paid, in such form of law as shall be authorized and required
by the laws of the Confederate States, or by the law of the State in
which such real estate lies, for making, executing, proving, and
acknowledging deeds of bargain and sale, or other conveyances for
the transfer and conveyance of real estate ; and for every deed so pre-
pared, made, executed, proved, and acknowledged the purchaser or

572 CORRESPONDENCE, ETC.

grantee shall pay to the collector the sum of $5 for the use of the col-
lector, marshal, or other person effecting the sale of the real estate
therebj' convej^ed. The commissions hereinafter allowed to each col-
lector shall be in full satisfaction of all services rendered by them.
The assessors appointed under them shall be entitled to $3 for every
day employed in making lists and assessments under this act, the
number of days being certified by the collector and approved by the
chief collector of the State, and also $5 for every 100 taxable persons
contained in the list as completed by him and delivered to the collector :
Provided, That when the owner of any real estate is unknown, or is a
non-resident of the State or tax district wherein the same is situated,
and has no agent resident in said district, the assessor shall himself
make out a list of such real estate for assessment.

Sec. 13. Separate accounts shall be kept at the Treasury of all
moneys received from each of the respective States, and the chief col-
lector shall procure from each tax collector such details as to the tax,
and shall classify the same in such manner as the Secretary of the
Treasury shall direct, and so as to provide full information as to each
subject of taxation.

Sec 14. Each collector shall be charged with an interest of 5 per
cent, per month for all moneys retained in his possession beyond the
time at which he is required to pay over the same by law or by the
regulations established by the Secretary of the Treasury.

Sec 15. Each collector, before entering upon the duties of his
office, shall give bond in such sum as shall be prescribed by the Sec-
i-etary of the Treasury, with sufficient sureties, and shall take an
oath faithfully to execute the duties of his office, and that he will
support and defend the Constitution of the Confederate States.

Sec 16. Upon receiving the tax due by each person the collector
shall sign receipts in duplicate, one whereof shall be delivered to the
person paying the same and the other shall be forwarded to the chief
collector of that State. The money collected during each month, or
during any shorter period which may be designated by the Secretary
of the Treasury, shall be also immediately forwarded to the said chief
collector, and by him be disposed of according to the direction of the
Secretary of the Treasury; and the said chief collector shall report
the same immediately to the Secretaiy of the Treasury, and shall
furnish him with a list specifying the names and amounts of each of
the receipts which shall have been forwarded to him as aforesaid by
the district collectors.

Sec 17. The taxes assessed on each person shall be a statutory lien
for one year upon all the property of that person, ^in preference to
any other lien, the said lien to take date from the first day of October,
to which the valuation has relation, and the lands and other property
of any collector shall be bound by statutory lien for five years for all
moneys received by him for taxes, the date of such lien to commence
from the time of his receiving the money.

Sec 18. The compensation of the tax collectors shall be 5 percent,
on the first 810,000 received and 2^ per cent, on all sums beyond that
amount until the compensation shall reach $800, beyond which no
further compensation shall be paid.

Sec. 19. The Secretary of the Treasury is authorized to establish
regulations suitable and proper to carry this act into effect, which
regulations shall be binding on all of&cers ; the said Secretary may
also frame instructions as to all details, which shall be obligatory
upon all parties embraced within the provisions of this act. He may
also correct all errors in assessments, valuations, and tax lists, or in

CONFEDERATE AUTHORITIES. 573

the collection thereof, in sucli form and upon such evidence as the
said Secretary may approve.

Sec. 20. Corporations are intended to be embraced under the word
"persons" used in this act; and whenever the capital stock of any
corporation is returned by the corporation itself and the tax paid, the
stock in the hands of individuals shall be exempt from tax, and also
all the real estate owned by the corporation and used for carrying on
its business; and the capital stock of all corporations shall be returned
and the tax paid by the corporations themselves, and not by the
individual stockholders. The term "merchandise" is designed to
embrace all goods, wares, and merchandise held for sale, except the
agricultural products of the country. Money at interest is intended
to include the principal sum of all money belonging to any person,
other than a bank, upon which interest is paid or to be paid by the
debtor, as the same stands on the first day of October. The term
"cattle, horses, and mules" is intended to include all such animals
as are raised for sale, and not such as are raised merely for food and
work on the plantation or farm where they are held. The term " real
estate" is intended to include all lands and estates therein, and all
interests growing thereout, including ferries, bridges, mines and the
like, and in all cases the actual marketable value of property is to be
assessed.

Sec. 21. If any person shall at any time during the existence of the
present war between the Confederate States and the United States, or
within one year after the ratification of a treaty of peace between
them, falsely make, forge, or counterfeit, or cause or procure to be
falsely made, forged, or counterfeited, or willingly aid or assist in
falsely making, forging, or counterfeiting any note in imitation of or
purporting to be a Treasury note of the Confederate States, or shall
falsely alter, or cause or procure to be falsely altered, or willingly aid
or assist in falsely altering, any Treasury note of the Confederate
States, or shall pass, utter, or publish, or attempt to pass, utter, or
publish as true any false, forged, or counterfeited not« purporting to
be a Treasury note of the Confederate States, knowing the same to be
falsely forged or counterfeited, or shall pass, utter, or publish, or
attempt to pass, utter, or publish as true any falsely altered Treasury
note of the Confederate States, knowing the same to be falsely altered,
or shall conspire, or attempt to conspire with another, to pass, utter,
or publish, or attempt to pass, utter, or publish as true any falsely
forged or counterfeited, or any falsely altered Treasury note of the
Confederate States, knowing the same to be falsely forged or counter-
feited or falsely altered — every such person shall be, deemed and
adjudged guilty of felony, and being thereof convicted by due course
of law, shall suffer death.

Sec. 22. If any person shall at any time falsely make, forge, or
counterfeit, or cause or procure to be falsely made, forged, or counter-
feited, or willingly aid or assist in falsely making, forging, or coun-
terfeiting any bond or coupon in imitation of or purporting to be a
bond or coupon of the Confederate States, or shall falsely alter, or
cause or procure to be falsely altered, or willingly aid or assist in
falsely altering any bond or coupon of the Confederate States, or
shall pass, utter, or publish, or attempt to pass, utter, or publish as
true any false, forged, or counterfeited bond purporting to be a bond
or coupon of the Confederate States, knowing the same to be falsely
forged or counterfeited, or shall pass, utter, or publish, or attempt to
pass, utter, or publish as true any falsely altered bond or coupon of
the Confederate States, knowing the same to be falsely altered, or

574 COKRESPONDENCE, ETC.

shall conspire or attempt to conspire with another to pass, utter,
or publish or attempt to pass, utter or publish as true any false,
forged, or counterfeited bond or coupon purporting to be a bond or
coupon of the Confederate States, or any falsely altered bond or
coupon of the Confederate States, knowing the same to be falsely
forged or counterfeited or falsely altered — every such person shall be
deemed and adjudged guilty of felony, and being thereof convicted
by due course of law, shall be sentenced to be imprisoned and kept at
hard labor for a term not less than five years nor more than ten years
and be fined in a sum not exceeding $5,000.

Sec. 23. If any person shall make or engrave, or cause or procure
to be made or engraved, or shall have in his custody or possession
any metallic plate engraved after the similitude of any plate from
which any notes or bonds issued as aforesaid shall have been printed,
with intent to use such plate, or cause or suffer the same to be used,
in forging or counterfeiting any of the notes or bonds issued as afore-
said, or shall have in his custody or possession any blank note or
notes, bond or bonds, engraved or printed after the similitude of any
note or bond issued as aforesaid, with intent to use such blanks, or
cause or suffer the same to be used in forging or counterfeiting any
of the notes or bonds issued as aforesaid ; or shall have in his custody
or possession any paper adapted to the making of notes or bonds, and
similar to the paper upon which any such notes or bonds shall have
been issued, with intent to use such paper, or cause or suffer the same
to be used, in forging or counterfeiting any of the notes or bonds
issued as aforesaid — every such person being thereof lawfully con-
victed by due course of law, shall be sentenced to be imprisoned and
kept to hard labor for a term not less than five nor more than ten
years and fined in a sum not exceeding 15,000.

Sec. 24. If any State shall, on or before the first day of April next,
pay in the Treasury notes of the Confederate States or in specie the
taxes assessed against the citizens of such State, less 10 per cent,
thereon, it shall be the duty of the Secretary of the Treasury to notify
the same to the several tax collectors of such State, and thereupon
their authority and duty under this act shall cease.

Sec. 25. If any person shall, at any time after one year from the
ratification of a treaty of peace between the Confederate States and
the United States, commit any of the acts described in the twenty-
first section of this act, such person shall be deemed and adjudged
guilty of felony, and being thereof convicted by duo course of law,
shall be sentenced to be imprisoned and kept at hard labor for a
period of not less than five years nor more than ten years and be
fined in a sum not exceeding $5,000.

Approved Aiigust 19, 1801.

• Confederate States of America, War Department,

Richmond, August 10, 1861.
Honorable Secretary of the Treasury:

Sir : Your attention is respectfully asked to the following communi-
cation just received at this Department:

Confederate States of America, Subsistence Department,

Richmmid, August 19, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: I am under the necessity of calling your attention to the present exigencies
of the commissariat. From all parts of the country troops are thronging to

CONFEDERATE AUTHORITIES. 575

different points, and the efforts of this department, hitherto successful, will be
abortive unless funds of a character such as will be received by dealers are fur-
nished from the Treasury. The agent for the department in Atlanta, Mr. Shack-
elford, has industriously collected from the counties around much salt meat and
other articles, always and everywhere cash transactions. He has. acted on the
credit of this Government, and I made a requisition for $62,678.99 on the 13th of
August, in Treasury notes, which are alone available for cash articles. Bonds
have been sent to him and he can make no further purchases. Captain Shaaflf,
in charge of the depot at Nashville, writes that only bankable funds are received
for provisions, and that he has lost coffee already agreed upon because he could
not use bonds, which are not bankable. I have just made a requisition for $200,000
for purchase of subsistence stores at Nashville on estimates prepared by Captain
Shaaff. If the Secretary of the Treasury cannot furnish the notes, then let some
Treasury certificates be forwarded to the effect that notes will be forthcoming as
soon as practicable. Perhaps the banks may receive that. An arrangement of
some nature is absolutely necessary, and under the circumstances I can only state
the necessity, not remedy it. Captain Palfrey, in New Orleans, states that the
credit of the Government is suffering, and that he has been required by persont
who have sold supplies to return in kind what remains unused as part payment
of their bills. For the present the requisition of $110,000 cuiTent funds alone VTill
suffice at that point, and is all-important. The alleged reason for the issue of
bonds in lieu of Treasury notes is that there is some difficulty in the engraving.
I am, veiy respectfully, your obedient servant,

L. B. NOETHROP,
Commissary-Oeneral of Subsistence.

Your early attention to this important communication would greatly
benefit the public service and oblige, verj' respectfully,

L. P. WALKER,

Secretary of War.

Canton, August 19, 1861.
President Jefferson Davis:

Dear Sir : Under the requisition of the Secretary of War for 3,000
men to be thrown into camp of instruction at two different points in
this State as Georgia's quota of 30,000 to be thrown into camp of
instruction, I have ordered two regiments of 800 men each into camp at
Camp McDonald, near Marietta. On Tuesday, the 27th instant, they
will rendezvous. I have also ordered two regiments into camp at Camp
Stephens, near Grififtn, to rendezvous at the same time. This will be
some 200 more than you required, but I supposed that would not be
matter of objection. In addition to this number I have tendered a regi-
ment raised by Col. E. W. Chastain, of Fannin County, who is very
anxious to have them thrown into camp with the regiments at Camp
McDonald, and there drilled. His company was from the mountain
section of tlic State, and was made up of first rate fighting material.
Colonel Chastain is very anxious to have his regiment'received and
ordered into camp. I have not arms and cannot arm them. He is of
opinion he could get up enough of country rifles to arm half his regi-
ment. Of this, liowever, he cannot be positive. He will only promise
to do the best lie can. Will you, under these circumstances, consent
that Colonel Chastain's regiment be accepted and added to the other
two regiments which are to compose the force in camp at Camp
McDonald ? An early answer will much oblige. I trust you will send
forward the necessary officers to drill the regiments which go into
camp on the 27th, and that you will cause full instructions to be sent
at once, if not already done, to quartermasters and commissaries, that
they may know how to get supplies, camp equipage, &c. I should be
glad to equip these men for the Confederac}% but find my appropria-
tions running so short that it will not be in my power. Some of them

576 CORRESPONDENCE, ETC.

have arms, but most of them will have none, and it is out of my
power to supply them.

I am, very respectfully, your obedient servant,

JOSEPH E. BROWN.

RiCHMONi», Va., August 19, 1861.
Governor HENRY T. Clark,

Raleigh, N. C:
General Gatlin, assigned to command in North Carolina, will be
instructed to muster in the troops to be transferred.* Ten companies
of infantry, cavalry, or artillery, if properly armed and equipped and
organized as a regiment, will be accepted as such, with the officers
authorized by the law of organization. Battalions oif either arm, with
similar restrictions, will be allowed field officers as fixed by law, and
companies of either arm will in like manner be accepted with their
proper officers. Staff officers are appointed by the Government of the
Confederacy, and no other field officers can be received than those
proper to the troops as organized when transferred. The laws herein
referred to are those of the Confederate States. It is hoped that no
necessity will exist for disbanding any troops who are prepared for
duty in the field.

JEPF'N DAVIS.

AN ACT to aid the State of Missouri in repelling invasion by the United States,
and to authorize the admission of said State as a member of the Confederate
States of America, and for other purposes.

Whereas, the people of the State of Missouri have been prevented
by the unconstitutional interference of the Government of the United
States from expressing their will through their legally constituted
authorities in regard to a union with the Confederate States of Amer-
ica, and are now engaged in repelling a lawless invasion of their ter-
ritoiy by armed forces; and

Whereas, it is the right and duty of the Confederate States to aid
the people and government of the said State in resisting such inva-
sion, and in securing the means and the opportunity of expressing
their will upon all questions affecting their rights and liberties : Now,
therefore.

The Congress of the Confederate States of America do enact, That
the President of the Confederate States of America be, and he is
hereby, authorized to co-operate through the militafy power of this
Government with the authorities and the people of the State of Mis-
souri In defending that State against a lawless invasion by the United
States, and in maintaining the liberty and independence of her peo-
ple, and that he be authorized and empowered, at his discretion, to
receive and muster into the service of the Confederate States, in the
State of Missouri, such troops of that State as may volunteer to serve
in the Army of the Confederate States, subject to the rules and reg-
ulations of said Army, and in accordance with the laws of Congress;
and said troops may be received into service by companies, battalions,
or regiments, with their officers elected by the troops, and the officers
so elected shall be commissioned by the President ; and when mustered

* For correspondence between Gatlin and Clark in relation to organization of
North Carolina troops, &c., see Series I, Vol. LI, Part II.

CONFEDERATE AUTHORITIES. 577

into service said companies, battalions, or regiments may be attached
to such brigades or divisions as the President may determine ; and
the President shall have power to appoint lield officers for all bat-
talions and regiments organized out of separate companies mustered
into service, and to add to battalions a sufficient number of separate
companies to complete their organization into I'egiments, and to
ap23oint the additional field officers necessary for the complete
organization of the regiments so formed; and all vacancies that may
oecitr amongst the commissioned officers of troops mustered into
service under this act shall be filled in the manner provided in the
act entitled "Au act for the establishment and organization of the
Army of the Confederate States of America," approved sixth March,
eighteen hundred and sixty-one.

Sec. 2. That the State of Missouri shall be admitted a member of
the Confederate States of America, upon an equal footing witli the
other States, under the Constitution for the Provisional Government
of the same, upon the condition that the said Constitution for the
Provisional Government of the Confederate States shall be adopted
and ratified bj'^ the properly and legally constituted authorities of
said State; and the Governor of said State shall transmit to the
President of the Confederate States an authentic copy of the pro-
ceedings touching said adoption and ratification by said State of
said Provisional Constitution; upon the receipt whereof the President,
by proclamation, shall announce the fact; whereupon and without
any further proceedings upon the part of Congress the admission of
said State of Missouri into this Confederacy under said Constitiition
for the Provisional Government of* the Confederate States shall be
considered as complete ; and the laws of this Confederacy shall be
thereby extended over said State of Missouri as fully and completely
as over other States now composing the same.

Sec. 3. That the Congress of the Confederate States recognize the
government of which Claiborne F. Jackson is the Chief Magistrate to
be the legally elected and regularly constituted government of the
people and State of Missouri ; and that the President of the Confed-
erate States be, and he is hereby, empowered, at his discretion, at any
time prior to the admission of said State as a member of this Confed-
eracy, to perfect and proclaim an alliance, offensive and defensive, with
the said government, limited to the period of the existing war between
this Confederacy and the United States; the said treaty or alliance to
be in force from the date thereof, and until the same shall be dis-
affirmed or rejected by this Congress.

Approved August 20, 18C1.

Confederate States of America, War Department,

Richmond, August 20, 1861.
Capt. Caleb Huse,
Maj. Edward C. Anderson,

Commissioners, &c., London:
Gentlemen : With the view of affording you every possible facility
for the accomplishment of your difficult and precarious mission, this
Department has from time to time communicated to you such sugges-
tions with regard to the means of importing arms, <&c. , as had come
within its possession and were likely to be of use to you in the forma-
tion of your plans. A suggestion of this character has just been
37 B B — series IV, VOL I

578 COERESPONDENCE, ETC.

communicated by Dr. Thomas D. Warren, a wealthy and influential
citizen of Edenton, N. C. Writing under date of August 16 he says:

Owing to the peculiar character of the sea-coast of North Carolina, with its
numerous inlets, which cannot be efEectually guarded, particularly during the
autumn and winter months, I think it would be no diflflcult task to get arms, &c. ,
from Europe, provided the arms can be sent to one of the West India Islands and
there met by small-class vessels sent from our waters to receive and continue the
transportation. 1 am willing to render any aid, and without remuneration. Ihave
three steamers which, at any time that such an enterprise might demand, could
be commanded, and at any time I have it in my power to engage schooners of
light draft that might, under skillful navigators, reach, I think, in safety one
of the West India Islands, and return, bringing arms, &c. We have with us men
that can be trusted, and who have been used to the coasting trade from their boy-
hood, and are thoroughly acquainted with all the West India Islands.

Similarlj% in a letter of about the same date, H. G. Humphries, esq.,
of Mobile, Ala., offers tlie suggestion that if arms could be shipped
on English bottoms with English clearances for Matamoras, in
Mexico, consigned to Mexican agents there, they might then, with cer-
tainty and safety, be brought from Matamoras into our own country.
These simultaneous suggestions will suffice to show you with what
great interest our whole country is looking for the result of your
important mission; and when you are informed that thousands of
brave volunteers have been refused by this Department for want of
arms, and other thousands are already in camp unable to move for
Avant of them, while the enemy is daily augmenting his supplies, you
will perceive that your success is every day becoming a question of
greater and more pressing importance. The above suggestions are
communicated for your consideration, not as instructions. The
Department expects that you will in every case be guided by the best
information within your reach as circumstances may arise, and that
you will spare no expense and lose no time in at once pushing your
enterprise to a speedy and successful conclusion.

I have the honor to remain, very respectfully,

L. P. WALKER,
Secretary of War.

Confederate States of America, War Department,

Richmond, August 20, 1861.
H. G. Humphries, Esq.,

Mobile, Ala.:
Sir: The Secretary of War acknowledges the receipt of your letter
of August 15, and returns thanks for the patriotic suggestions therein
communicated, which shall receive due consideration from this
Department.

Respectfully,

L. V. WALKER,
Secretary of War.

Confederate States op America, War Department,

Richmond, August 20, 1861.
Dr. Thomas D. Warren,

Edenton, N. C:
Sir: Your letter of August 16 has been received. Your patriotic
suggestions with regard to the importation of arms, &c. , are acknowl-
edged and shall receive due consideration, while your own offer of

CONFEDERATE AUTHORITIES. 579

personal contribution to this enterprise is highly appreciated by this
Department. The Secretary of War begs leave to express his thanks
for your present of a map, which, besides its topographical excellence,
possesses also an historical value.
Very respectfully,

L. P. WALKER,
Secretary of War.

AN ACT making appropriation for the services of physicians to be employed in
conjunction with the medical staflE of the Army.

The Congress of the Confederate States of America do enact, That
there be appropriated, out of any money in the Treasury not other-
wise appropriated, for the year ending the eighteenth of February,
eighteen hundred and sixty-two, the sum of fifty thousand dollars for
the services of physicians to be employed in conjunction with the
medical staff of the Army.

Approved August 21, 1861.

AN ACT to provide for local defense and special service.

The Congress of the Confederate States of America do enact. That
the President be, and lie is hereby, authorized to accept the services
of volunteers of such kind and in such proportion as he may deem
expedient, to serve for such time as he may prescribe, for the defense
of exposed places or localities, or such special service as he may deem
expedient.

Sec. 2. And such forces shall be mustered into the service of the
Confederate States, for the local defense or special service aforesaid,
the muster-roll setting forth distinctly the services to be performed ;
and the said volunteers shall not be considered in acttial service until
thereunto specially ordered by the President. And they shall be
entitled to pay or subsistence only for such time as they may be on
duty under the orders of the President or by his direction.

Sec. 3. Such volunteer forces, when so accepted and ordered into
service, shall be organized in accordance with and subject to all the
provisions of th^act entitled "An act to provide for the public
defense," approved March sixth, one thousand eight hundred and
sixtj'-one, and may be attached to such divisions, brigades, regiments,
or battalions as the President may direct, and when not organized into
battalions or regiments before being mustered into service the Presi-
dent shall appoint the field officers of the battalions and regiments
when organized as such by him.

Approved August 21, 1861.

AN ACT to authorize the employment of cooks and nurses, other than enlisted
men or volunteers, for the military service.

The Congress of the. Confederate States of America do enact. That
the better to provide for the sick and wounded the Secretary of War is
authorized to direct the employment, when deemed necessary, of nurses
and cooks, other than enlisted men or volunteers, the persons so
employed being subject to military control, and in no case to receive
paj' above that allowed to enlisted men or volunteers.

580 CORRESPONDENCE, ETC.

Sec. 2. That there be appropriated for the pay of the nurses and
cooks provided for in the above section $1.30,000.
Approved August 21, 1861.

AN ACT making appropriations for the public defense.

The Congress of the Confederate States of America do enact, That
there be appropriated, out of any money in the Treasury not other-
wise appropriated, for the year ending the eighteenth Februarj',
eighteen hundred and sixty-two, the sum of $57,000,000 for the pay
of officers and privates of the Army, volunteers, and militia in the
public service of the Confederate States; for quartermaster's supplies
of all kinds, transportation, and other necessary expenses; for the
purchase of subsistence, stores and commissary property for the ord-
nance service in all its branches; for engineering, and for the sui-gi-
cal and medical service of the Army, in all supplies and necessary
expenditures.

Sec. 2. That the above appropriation shall be distributed amongst
the several objects of appropriation above specified in such propor-
tions as shall be determined by the Secretary of War, with the approval
of the President.

Approved August 21, 1861.

AN ACT making appropriation for military hospitals.

The Congress of the Confederate States of America do enact, That
the sum of $50,000 be, and the same is hereby, appropriated, out of
any money in the Ti-easury not otherwise appropriated, for the estab-
lishment and support of military hospitals during the current fiscal
year ending February eighteenth, eighteen hundred and sixty-two,

Approved August 21, 1861.

AN ACT supplemental to "An act to put in operation the Government under the
peimanent Constitution of the Confederate States of America."

The Congress of the Confederate States of Amer'u:a do enact, That
where in any State of this Confederacy there shall be no regular ses-
sion of the Legislature to be held prior to the eighteenth of February,
eighteen hundred and sixty-two, it is hereby provided, in obedience
to the seventh article of the permanent Constitution, that the election
of Senators for the First Congress may be made at any special or extra
session of the Legislature of such State prior to the said eighteenth of
February, eighteen hundred and sixty-two.

Approved August 21, 1861.

AN ACT to increase the Corps of Artillery, and for other purposes.

The Congress of the Confederate States of America do enact, ^hat
there be added to the Corps of Artillery, C. S.« Army, one lieutenant-
colonel and two majors, with the pay and allowances authorized by
existing laws for those grades, respectively.

Sec. 2. That the President be, and he is hereby, authorized to
appoint, in addition to the store-keepers authorized by tlie fifth sec-
tion of the act of May sixteen, eighteen hundred and sixty-one, ''for

CONFEDERATE AUTHORITIES. 581

the establishment and organization of the Army of the Confederate
States," as many military store-keepers of ordnance, with the pay and
allowance of a captain of infantry, as the safe-keeping of the public
property may require, not to exceed in all four store-keepers, who
shall, previous to entering on duty, give bonds with good and suffi-
cient security, in such sums as the Secretary of War may direct, tnWy
to account for all moneys and public property which they may receive.

Sec. 3. That the President be, and he is hereby, authorized, when-
ever in his judgment the interests of the service may require, and
where officers of the Army cannot be assigned to these duties, to
appoint one or more superintendents of armories for the fabrication
of small-arms, whose salary shall not exceed $2,500 per annum, with
allowance for quarters and fuel at the rate fixed for a major in the
Army. And that the President be also authorized to appoint two or
more master armorers, with a salary not to exceed $1,500 per annum,
with allowance of quarters and fuel at the rate fixed for a captain in
the Army.

Sec. 4. That during the existing war the President may, as com-
mander-in-chief of the forces, appoint, at his discretion, for his per-
sonal staff, two aides-de-camp, with the rank, pay, and allowances of
a colonel of cavalry.

Sec. 5. That hereafter there shall be allowed one additional sergeant
to each company in the service of the Confederate States, making in
all five sergeants per company, who shall receive the same pay and
allowances as are provided by existing laws for that grade.

Approved August 21, 1861.

A RESOLUTION in relation to the equipments of volunteer cavalry companies.

Resolved by the Congress of the Confederate States of America,
That the Secretary of War be, and he is hereby, authorized, in his
discretion, to furnish to volunteer cavalry companies whose services
are accepted for the war by the Confederate States all necessary
equipments.

Approved August 21, 1861.

Special Orders, ) Adjt. and Insp. General's Office,

No. 130. f Richmond, Aiu/ust 21,, 1801.

*******

XI. Maj. Danville Leadbetter,. Corps of Engineers, having been
assigned to duty as acting chief of the Engineer Bureau, all orders
and instructions conveyed through him will be official.

*******

By command of the Secretary of War :

JNO. WITHERS,

Assistant Adjutant- General.

Richmond, Va., August 21, 1861.
Governor A. B. Moore,

Ifontgomery, Ala.:
Have you not cavalry pistols and sabers which you can place at the
disposal of the Government?

L. P. WALKER.

582 COREESPONDENCE, ETC.

Montgomery, Ala., Augmt 22, 1861.
L. P. Walker,

Secretary of War:
No cavalry pistols or sabers which I can place at your disposal.

A. B. MOORE.

Columbia, August 22, 1861.
S. Cooper,

Adjutant and Inspector General:
The regimental organization of State troops under the last call will
be delayed by difficulty in electing field officers. The companies are
in camp, and are being disorganized by the delay. Please allow me
to have them mustered in by companies, and not wait until the regi-
ments are formed. I fear the consequences.

CHARLES H. SIMONTON,
Adjutant and Inspector General of South Carolina.

Richmond, August 23, 1861.
Charles H. Simonton,

Columbia, S. C:
You must refer to Governor F. W. Pickens, who is authorized to
have the troops received either by regiments or by separate companies.
If by companies, the election of officers cannot take place. In no
case can muster precede election.

S. COOPER,
Adjutant and Inspector General.

Richmond, August 24., 1861.
Governor A. B. Moore,

Montgomery, Ala.:
Can't you arm another regiment of infantry ?

L. P. WALKER.

Montgomery, August 26, 1861.
Hon. L. P. Walker,

Secretary of War:
It is impossible for me to arm another regiment.

A. B. MOORE.

Confederate States of America, War Department,

Richmond, August 27, 1861.
His Excellency Joseph E. Brown,

Governor of Georgia:
Sir: Your letter of the 19th instant, addressed to the President, has
been referred to this Department. The regiment of Colonel Chastain
may be added to the four you report under the requisition recently
made upon Georgia for 3,000 men, provided it be partially armed, as
suggested by you. Your Excellency will oblige this Department by

CONFEDERATE AUTHORITIES. 583

having these regiments equipped at the charge of this Grovemment.
The quartermasters, and commissaries nominated by you have been
appointed. They will procure the supplies needed, and make requisi-
tions upon the Quartermaster- General and Commissary-General, on
which proper funds will be remitted.
With high consideration,

L. P. WALKER,
Secretary of War.

Confederate States of America, War Department,

Bichmond, August 28, 1861.
Adjutant-General Burgevin,

Adjutant^ General of Arkansas, lAtUe Mock:

Sir: Your official letter of August 15 has been received. The infor-
mation communicated to the Department on behalf of the Governor is
respectfullj'^ acknowledged, and is in itself both satisfactory to the
Department and highly honorable to the State of Arkansas. The
Department is assured anew thereby of the fidelity of her Executive
and the patriotism of her people. The suggestions contained in your
report with regard to modifications in the mode of raising troops in
Arkansas, under the call of 30th of June, have been respectfully con-
sidered; but as. they would, if adopted, involve a departure from the
whole policy of the Government, which was adopted upon mature
consideration and has been applied equally to all the States of the
Confederacy, they must be respectfully declined.

On two points, however, here involved. His Excellency the Governor
and yoiirself seem to be laboring under a misunderstanding which it
is important to correct. The provision of the call of 30th of June
referred to, that the field ofiicers of the troops so raised should be
appointed by the President, has been subsequently modified, by a dis-
patch which His Excellency can hardly have failed to receive, so as
to apply only to troops accepted by companies, to be afterward
organized into regiments, &c., while to troops offered and accepted
by regiments, the right of electing their own field officers still
belongs, as a matter of course. Even where the field officers are
appointed by the President the particular interests of the State in
question and the known wishes of the body of the troops, though not
necessarily followed in every case, would certainly not be disregarded
by him where the parties were qualified. The objection, therefore,
that the plan of the Government removes all motive' for personal
exertion and sacrifice in raising troops, &c., is, it is hoped, entirely
obviated; and the fact that under the plan adopted by the Govern-
ment the troops are to be raised by those to whom no commissions
have yet been promised, and whose positions are yet to be won,
instead of by already commissioned recruiting officers, as His Eixcel-
lency proposes, would, it is thought, certainly stimulate rather than
impair such individual exertions.

In the second place, the provision for ordering the new troops into
camps of instruction is designed to apply, beyond the actual need of
immediate instruction, only to unarmed troops, who yet then receive
all the privileges of troops in actual service, and this condition is
intended to be prolonged only until the Government shall be able to
furnish the necessary arms. The delay thus arising it is hoped may
not now be long protracted, but the Department would certainly be

584 CORRESPONDENCE, ETC.

glad to adopt any suggestions whereby such delay might be still fur-
ther shortened or its necessity entirely obviated. Troops already
armed, however, are still received for twelve months, but those
unarmed are not, for the reason that the Government cannot under-
take to arm such troops while so many for the war are still awaiting
arms.

Trusting that His Excellency the Governor and yourself may see
the reasonableness of these views,

I have the honor to be, very respectfully,

L. P. WALKER,
Secretary of War.

[August 29, 1861.— For Walker to Pickens, ordering the First
Regiment South Carolina Rifles to proceed to Richmond, see Series I,
Vol. LI, Part II, p. 259.]

AN ACT making appropriation for the purchase of a steamer and certain military

supplies.

The Congress of the Confederate States of America do enact, That
the sum of $1,000,000 be, and the same is hereby, appropriated, out of
any money in the Treasury not otherwise appropriated, for the pur-
chase of a steamer, and such supplies of leather, shoes, flannel and
woolen clothing, and blankets for the use of the troops in the service
of the Confederate States — the said appropriation to be expended
under the direction of the President.

Approved August 30, 1861.

AN ACT to amend the second section of "An act concerning the transportation
of soldiers and allowance for clothing of volunteers, and amendatory of the
'Act for the establishment and organization of the Army of the Confederate
States.'"

The Congress of the Confederate States of America do enact, That
the Secretary of War be, and he is hereby, authorized and required
to provide, as far as possible, clothing for the entire forces of the
Confederate States, and to furnish the same to every^ regiment or com-
pany upon the requisition of the commander thereof, the quantity,
quality, and kind thereof to be established by regulation of the
Department, to be approved by the President ; and in case any State
shall furnish to its troops and volunteers in the Confederate service
such clothing, then the Secretary of War is required to pay over to
the Governor of such State the money value of the clothing so fur-
nished.

Sec. 2. The commander of every volunteer company shall have the
privilege of receiving commutation for clothing at the rate of $25 per
man for every six months, when they shall have furnished their own
clothing.

Approved August 30, 1861.

CONFEDERATE AUTHORITIES. 585

AN ACT to authorize the establishment of recruiting stations for volunteers from
the States of Kentucky, Missouri, Maryland, and Delaware.

The Congress of the Confederate States of America do enact, That
the President be, and he is hereby, authorized to establish recruiting
stations within the Confederate States for the reception of volunteers
into the military service of the Confederate States from among per-
sons who are, or have been, residents of the States of Kentucky,
Missouri, Maryland, and Delaware.

Sec. 2. That the President be authorized to grant commissions as
captains to such persons as he may think fit to raise and command
companies to be composed of such volunteers; upon the condition,
however, that such officers shall not hold rank or receive pay until
such companies have been raised and are mustered into service.

Sec. 3. Whenever such recruits shall amount to a sufficient number
to be formed into companies, the President may direct the same to be
so organized, appointing all commissioned officers of the several com-
panies in addition to the captains provided for in the preceding sec-
tion. And such companies may be organized into regiments in like
manner under the direction of the President.

Sec. 4r. Until such recruits shall amount to a sufficient number to
be organized into companies, they shall receive no compensation
except their clothing and rations.

Approved August 30, 1861.

AN ACT to audit the accounts of the respective States against the Confederacy.

The Congress of the Confederate States of America do enact, Tliat
it shall be the duty of such Auditor or Auditors of the Treasurj^
Department as may be designated by the Secretary of the Treasury,
and to that end the said Secretary' be authorized to appoint as many
exti-a clerks for the time as he may deem necessary, at the rate of
salary now allowed for clerks of the Treasury Department, to audit
the accounts and claims of the respective States of the Confederacy
against the Confederate Government for the advances and expendi-
tures made by the said States respectively for the use and benefit of
the Confederacy in preparation for or in conducting the war now
existing against the United States, and all claims for advances or
expenditures of any kind made by any State prior to the passage of
its ordinance of secession shall be phown to have been made in con-
templation of the act of secession afterward consummated, and of
the war that might probably ensue, or in the seizure or (tcquisition of
forts, arsenals, navy-yards, armaments, munitions, and other useful
instrumentalities of w^r, or in the purchase or manufacture of arms
or munitions Avhich have since been transferred to the Confederae.y,
or in some regular mode been brought into its service for the prose-
cution of the war aforesaid, before such claims shall be audited and
the amount ascertained.

Sec. 2. And in auditing the claims of the States of Virginia, North
Carolina, and Tennessee, reference shall be had to the special com-
pacts and engagements had with tho.se States respectively by the
Confederate Government in view of their proposed adhesion to the
Provisional Constitution, or of the support of their armaments and
the prosecution of the war afterward, and all claims coming fairly
within the purview of such compacts, being properly verified by
vouchers, shall, in favor of said States, be audited and ascertained.

586 CORRESPONDENCE, ETC.

Sec. 3. That proof shall be made in all cases by proper vouchers to
the satisfaction of the Auditor that the amount claimed was actually
advanced or expended, that the expenditure was proper, and no
greater amount for pay and services shall be audited than is allowed
by the regulations of the Confederate Government for pay and serv-
ices in the like cases, and the Auditor shall make a special report of
his action under this law to the Congress at its next session.

Sec. 4. The Secretary of the Treasury shall cause notice to be for-
warded to the Executive of each of the States of this Confederacy,
immediately after the passage of this act, calling on such Executive
to forward the claims which may be held by his State, subject to be
audited under the provisions of this act.

Approved August 30, 1861.

AN ACT to provide for the defense of the Mississippi River.

The Congress of the Confederate States of America do enact, That
the President be, and he is hereby, authorized to cause such floating
defenses as he may deem best adapted to the protection of the Mis-
sissippi River against a descent of iron-plated steam gun-boats, to be
constructed or prepared with the least possible delay.

Approved August 30, 1861.

AN ACT for the sequestration of the estates, property, and efiEects of alien
enemies, and for the indemnity of citizens of the Confederate States and per-
sons aiding the same in the existing war with the United States.

Whereas, the Government and people of the United States have
departed from the usages of civilized warfare in confiscating and
destroying the property of the people of the Confederate States of all
kinds, whether used for military purposes or not; and

Whereas, our only protection against such wrongs is to be found in
such measures of retaliation as will ultimately indemnify our own
citizens for their losses, and restrain the wanton excesses of our
enemies: Therefore,

Be it enacted by the Congress of the Confederate States of America,
That all and every the lands, tenements and hereditaments, goods
and chattels, rights and credits within these Confederate States, and
every right and interest therein held, owned, possessed, or enjoyed by
or for any alien enemy since the twenty-first day of May, one thou-
sand eight hundred and sixty-one, except such debts due to an alien
enemy as may have been paid into the treasury of any one of the
Confederate States prior to the passage of this law, be, and the same
are hereby, sequestrated by the Confederate States of America, and
shall be held for the full indemnity of any true and loyal citizen or
resident of these Confederate States, or other person aiding said Con-
federate States in the prosecution of the present war between said
Confederate States and the United States of America, and for which
he may suffer any loss or injury under the act of the United States to
which this act is retaliatory, or under any other act of the United
States, or of any State thereof authorizing the seizure, condemnation,
or confiscation of the property of citizens or residents of the Confed-
erate States, or other person aiding said Confederate States, and the
same shall be seized and disposed of as provided for in this act:
Provided, however. When the estate, property, or rights to be affected

CONFEDERATE AUTHORITIES. 587

by this act were, or are, within some State of this Confederacy, which
has become snch since said twenty-first day of May, then this act shall
operate npon and as to such estate, property, or rights, and all per-
sons claiming the same from and after the day such State so became
a member of this Confederacy, and not before : Provided further, That
the provisions of the act shall not extend to the stocks or other public
securities of the Confederate Government, or of any of the States of
this Confederacy held or owned by any alien enemy, or to any debt,
obligation, or sum due from the Confederate Government, or any of
the States, to such alien enemy: And provided also, That the pro-
visions of this act shall not embrace the property of citizens or resi-
dents of either of the States of Delaware, Maryland, Kentucky, or
Missouri, or of the District of Columbia, or the Territories of New
Mexico, Arizona, or the Indian Territory south of Kansas, except such
of said citizens or residents as shall commit actual hostilities against
the Confederate States, or aid and abet the United States in the
existing war against the Confederate States.

Sec. 2. And be it further enacted. That it is, and shall be, the duty
of each and every citizen of these Confederate States speedily to give
information to the ofl&cers charged with the execution of this law of
any and every lands, tenements and hereditaments, goods and chat-
tels, rights and credits within this Confederacy, and of every right and
interest therein held, owned, possessed, or enjoyed by or for any alien
enemy as aforesaid.

Sec. 3. Be it further enacted. That it shall be the duty of every
attorney, agent, former partner, trustee, or other person holding or
controlling any such lands, tenements or hereditaments, goods or chat-
tels, rights or credits, or any interest therein of or for any such alien
enemy, speedily to inform the receiver, hereinafter provided to be
appointed, of the same and to render an account thereof, and so far
as is practicable to place the same in the hands of such receiver;
whereupon such persons shall be fully acquitted of all responsibility
for property and effects so reported and turned over. And any such
pereon willfully failing to give such information and render such
account shall be guilty of a high misdemeanor, and upon indictment
and conviction shall be fined in a sum not exceeding $5,000 and impris-
oned not longer than six months, said fine and imprisonment to be
determined by the court trying the case, and shall further be liable to
be sued by said Confederate States and subjected to pay double the
value of the estate, property, or effects of the alien enemy held by
him or subject to his control.

Sec. 4. It shall be the duty of the several judges of this Confederacy
to give this act specially in charge to the grand juries of these Confed-
erate States, and it shall be their duty at each sitting well and truly
to inquire and report all lands, tenements and hereditaments, goods
and chattels, rights and credits, and every interest therein within the
jurisdiction of said grand jury held by or for any alien enemy, and it
shall be the duty of the several receivers, appointed under this act, to
take a copy of such report and to proceed in obtaining the possession
and control of all such property and effects reported and to institute
proceedings for the sequestration thereof in the manner hereinafter
provided.

Sec. 5. Be it further enacted, That each judge of this Confederacy
shall as early as practicable appoint a receiver for each section of the
State for which he holds a court, and shall require him before entering
upon tlie duties of his office to give a bond in such penalty as may be

588 CORRESPONDENCE, ETC.

IJiescribed by the judge, with good and sufficient security, to be
approved by the judge, conditioned that he will diligently and faith-
fully discharge the duties imposed upon him by law. And said officer
shall hold his office at the pleasure of the judge of llie district or sec-
tion for which lie is appointed, and shall be removed for incompetency,
or inefficiency, or infidelity in the discharge of his trust And should
the duties of any such receiver at any time appear to the judge to be
greater than can be efficiently performed by him, then it shall be the
duty of the judge to divide the district or section into one or more
other receivers' districts, according to the necessities of the case, and
to appoint a receiver for each of said newly created districts. And
everj' such receiver shall also, befoi-e entering upon the duties of his
office, make oath in writing before the judge of the district or section
for which he is appointed, diligently, well, and truly to execute the
duties of his office.

Sec. 6. Be it further enacted, That it shall be the duty of the several
receivers aforesaid to take the possession, control, and management of
all lands, tenements and hereditaments, goods and chattels, rights and
credits of each and every alien enemy within the section for which he
acts. And to this end he is empowered and required, whenever neces-
sary for accomplishing the purposes of this act, to sue for and recover
the same in the name of said Confederate States, allowing, in the recov-
ery of credits, such delays as may bave been, or may be, prescribed in
any State as to the collection of debts therein during the war. And
the form and mode of action, whether the matter be of jurisdiction in
law or equity, shall be by petition to the court, setting forth, as best
he can, the estate, property, right, or thing sought to be recovered,
with the name of the person holding, exercising supervision over, in
possession of, or controlling the same, as the case may be, and pray-
ing a sequestration thereof. Notice shall thereupon be forthwith
issued by the clerk of the court, or by the receiver, to such person,
with a copy of the petition, and the same shall be served by the mar-
shal or his deputy and returned to the court as other mesne process
in law cases ; whereupon the cause shall be docketed and stand for
trial in the court according to the usual course of its business, and
the court or judge shall at any time make all orders of seizure that
may seem necessary to secure the subject-matter of the suit from
danger of loss, injury, destruction, or waste, and may, pending the
cause, make orders of sale in cases that may seem to such judge or
court necessary to preserve any property sued for from perishing or
waste: Provided, That in any case when the Confederate judge shall
find it to be consistent with the safe-keeping of the property so seques-
tei-ed to leave the same in the hands and under the control of any
debtor or person in whose hands the real estate and slaves were seized,
who may be in possession of the said property or credits, he shall
order the same to remain in the hands and under the control of said
debtor or person in whose hands the real estate and slaves were seized ,
reqiiiring in every such case such security for the safe-keeping of the
property and credits as he may deem sufficient for the purpose afore-
said, and to abide by such further orders as the court may make in
the premises. But this proviso shall not apply to bank or other
corporation stock, or dividends due, or which may be due thereon,
or to rents on real estate in cities. And no debtor or other per-
son shall be entitled to the benefit of this proviso unless he has first
paid into the hands of the receiver all interests or net profits which
may have accrued since the twenty-first of May, eighteen hun-

CONFEDERATE AUTHORITIES. 589

dred and sixty-one; and in all cases coming under this proviso,
such debtor shall be bound to pay over annually to the receiver all
interest which may accrue as the same falls due; and the person in
wliose hands any other property may be left shall be bound to account
for, and pay over annually to the receiver, the net income or profits of
said property, and on failure of such debtor or other person to pay over
such interest, net Income, or profits as the same falls due, the receiver
may demand and recover the debt or property. And wherever, after
ten days' notice to any debtor or person in whose hands property or
debts may be left, of an application for further security, it shall be
made to appear to the satisfaction of the court that the securities of
such debtor or person are not ample, the court may, on the failure of
the party to gi ve sufificierit additional security, render judgment against
all the parties on the bond for the recovery of the debt or property:
Provided further, That said court may, whenever, in the opinion of
the judge thereof, the public exigencies may require it, order the
money due as aforesaid to be demanded by the receiver, and if upon
demand of tlie receiver, made in conformity to a decretal order of the
court requiring said receiver to collect any debts for the payment of
which security may have been given under the provisions of this act,
the debtor or his security shall fail to pay the same, then tipon ten
days' notice to said debtor and his security, given by said receiver, of
a motion to be made in said court for judgment for the amount so
secured, said court, at the next term thereof, may proceed to render
judgment against said principal and security, or against the party
served with such notice, for the sum so secured, with interest thereon,
in the name of said receiver, and to issue execution therefor.

Sec. 7. Any person in the possession and control of the subject-
matter of any such suit, or claiming any interest therein, may, by
order of the court, be admitted as a defendant and be allowed to
defend to the extent of the interest propounded \>y him; but no per-
son shall be heard in defense until lie shall file a plea, verified by
affidavit and signed by him, setting forth that no alien enemy has
any interest in the right which he asserts, or for which he litigates,
either directly or indirectly, by trust, open or secret, and that he liti-
gates solely for himself or for some citizen of the Confederate States
whom he legally' represents; and when the defense is conducted for
or on account of another, in whole or part, the plea shall set forth
the name and residence of such other person, and the relation that
the defendant bears to him in the litigation. If the cause involves
matter which should be tried by a jury according to the course of
the common law, the defendant shall be entitled to a jury trial. If it
involves matters of equity jurisdiction the court shall proceed accord-
ing to its usual mode of procedure in such cases; and the several
courts of this Confederacy may from time to time establish rules of
procedure under this act, not inconsistent with the act or other l^iws
of these Confederate States.

Sec. 8. Be it further enacted, That the clerk of the court shall, at
the request of the receiver, from time to time issue writs of garnish-
ment, directed to one or more persons, commanding tliem to appear
at the then sitting or at any future term of the court, and to answer
vmder oath what property or effects of any alien enemy he had at the
service of the process, or since has had under his possession or con-
trol belonging to or held for an alien enemy, or in what sum if any
he is or was at the time of service of the garnishment, or since has
been, indebted to any alien enemy; and the court shall have power to

590 CORRESPONDENCE, ETC.

condemn the property or effects or debts, according to the answer, and
to make such rules and orders for the bringing in of third persons
claiming or disclosed by the answer to have an interest in the litiga-
tion as to it shall seem proper; but in no case shall any one be heard
in respect thereto \intil he shall by sworn plea set forth substantiallj'
the matters before required of parties pleading. And the decree or
judgment of the court rendered in conformity to this act shall
forever protect the garnishee in respect to the matter involved. And
in all cases of garnishment under this act the receiver may test the
truth of the garnishee's answer by filing a statement, under oath,
that he believes the answer to be untrue, specifying the particulars
in which he believes the garnishee has, by omission or commission,
not answered truly, whereupon the court shall cause an issue to be
made between the receiver and garnishee, and judgment rendered as
upon the trial of other issues. And in all cases of litigation under
this act the receiver may propound interrogatories to the adverse
party touching any matter involved in the litigation, a copy of which
shall be served on the opposite party or his attorney, and which shall
be answered under oath within thirty days of such service; and upon
failure so to answer the court shall make such disposition of the cause
as shall to it seem most promotive of justice, or should it deem answers
to the interrogatories necessary in order to secure a discovery, the
court shall imprison the party in default until full answers shall be
made.

Sec. 9. It shall be the duty of the district attorney of the Confed-
erate States diligently to prosecute all causes instituted under this
act, and he shall receive as a compensation therefor 2 per cent, upon
and from the fruits of all litigation instituted under this act : Provided,
That no matter shall be called litigated except a defendant be
admitted by the court and a proper plea be filed.

Sec. 10. Be it further enacted, That each receiver appointed under
this act shall, at least every six months, and as much oftener as he
may be required by the court, render a true and perfect account of
all matters in his hands or under his control tinder the law, and shall
make and state just and perfect accounts and settlements under oath
of his collections of moneys and disbursements under this law, stating
accounts and making settlements of all matters separately, in the same
way as if he were administrator of several estates of deceased persons
by separate appointments. And the settlements and decrees shall be
for each case or estate separately, so that the transaction in respect
to each alien enemy's property may be kept recorded and preserved
separately. No settlement as above provided shall, however, be made
until judgment or decree of sequestration shall have passed ; but the
court may at any time pending litigation require an account of mat-
ters in litigation and in the possession of the receiver, and may make
such orders touching the same as shall protect the interest of the
parties concerned.

Sec. 11. When the accounts of any receiver shall be filed respect-
ing any matter which has passed sequestration, the court shall appoint
a day for settlement, and notice thereof shall be published consecu-
tively for four weeks in some newspaper near the place of holding the
court, and the clerk of the court shall send a copy of such newspaper
to the district attorney of the Confederate States for the court where
the matter is to be heard, and it shall be the duty of said district
attorney to attend the settlement and represent the Government and
to see that a full, true, and just settlement is made. The several set-

CONFEDERATE AUTHORITIES. 591

tlements preceding the final one shall be interlocutory only, and maj'
be impeached at the final settlements, wliich latter shall be conclusive,
unless reversed or impeached within two years for fraud.

Sec. 12. Be it further enacted, That the court having jurisdiction of
the matter shall, whenever sufficient cause is shown therefor, direct
the sale of anj' personal property, other than slaves, sequestered under
this act, on such terms as to it shall seem best, and such sale shall
pass the title of the person as whose property the same has been
sequestered.

Sec. 13. All settlements of accounts of receivers for sequestered
property shall be recoi-ded and a copy thereof shall be forwarded by
the clerk of the court to the Treasurer of the Confederate States wi'^hin
ten daj's after the decree, interlocutory or final, has been passed; and
all balances found against the receiver shall by liim be paid over into
the court, subject to the order of the Treasurer of the Confederate
States, and upon the failure of the receiver for five days to pay over
the same execution shall issue therefor, and he shall be liable to
attachment by the court and to suit upon his bond. And any one
embezzling any money under this act shall be liable to indictment, and
on conviction shall be confined at hard labor for not less than six
months nor more than five years, in the discretion of the court, and
fined in double the amount embezzled.

Sec. 14. Be it further enacted, That the President of the Confederate
States shall, by and with the advice and consent of Congress, or of the
Senate if the appointment be made under the permanent Government,
appoint three discreet commissioners, learned in the law, who shall
hold at the seat of Government two terms each year, upon notice
given, who shall sit so long as the business before them shall require,
whose duty it shall be, under such rules as they may adopt, to hear
and adjudge such claims as may be brought before them by any one
aiding this Confederacy in the present war against the United States,
who shall allege that he has been put to loss under the act of the
United States in retaliation of which this act is passed, or under any
other act of the United States, or of any State thereof, authorizing
the seizure, condemnation, or confiscation of the property of any
citizen or resident of the Confederate States, or other person aiding
said Confederate States in the present war with the United States,
and the finding of such commissioners in favor of any such claim
shall be prima facie evidence of the correctness of the demand, and
whenever Congress shall pass the claim, the same shall be paid from
any money in the Treasury derived from sequestration under this
act: Provided, That said Board of Commissioners shall not continue
beyond the organization of the Court of Claims provicfed for by the
Constitution, to which Court of Claims the duties herein provided
to be discharged by commissioners shall belong upon the organization
of said court. The salaries of said commissioners shall be at the
rate of $2,500 per annum, and shall be paid from the Treasury of
the Confederacy. And it shall be the duty of the Attorney-General
or his assistant to represent the interests of this Govei-nment in all
cases arising under this act before said Board of Commissioners.

Sec. 15. Be it further enacted, That all expenses incurred in pro-
ceedings under this act shall be paid from the sequestered fund, and
the judges, in settling accounts with receivers, shall make to them
proper allowances of compensation, taking 2^ per cent, on receipts,
and the same amount on expenditures, as reasonable compensation
in all cases. The fees of the officers of court shall be such as are

592 COERESPONDENCE, ETC.

allowed by law for similar services in other cases, to be paid, how-
ever, only from the sequestered fund: Provided, That all sums
realized by any receiver in one year for his services exceeding;
JiOjOOO shall be paid into the Confederate Treasury for the use of
the Confederacy.

Sec. 16. Be it further enacted. That the Attorney-General sliall
prescribe such uniform rules of proceeding under this law, not heroin
otherwise provided for, as shall meet the necessities of the ease.

Sec. 17. Be it further enacted, That appeals may lie from anj^ final
decision of the court under this law, in the same manner and within
tlic same time as is now or hereafter may be by law prescribed for
appeals in other civil cases.

Sec. 18. Be it further enacted, That the word "person" in this law
includes all private corporations, and in all cases when corporations
become parties and this law requires an oatli to be made it shall be
made by some oificer of such corporation.

Sec. 19. Be it further enacted. That the courts are vested with
jurisdiction and required by this act to settle all partnerships here-
tofore existing between a citizen and one who is an alien enemy; to
separate the interest of the alien enemy, and to sequestrate it; and
shall also sever all joint rights Avhen an alien enemy is concerned,
and sequestrate the interest of such alien enemy.

Sec. 20. Be it further enacted. That in all cases of administration
of any matter or thing under this act, the court having jurisdiction
may make such orders touching the preservation of the property or
effects under the direction or control of the receiver, not inconsistent
with the foregoing provisions, as to it shall seem proper. And the
receiver may at any time ask and have the instructions of the court,
or judge, respecting his conduct in the disposition or management of
any property or effects under his control.

Sec. 21. That the Treasury notes of tliis Confederacy shall be
receivable in payment of all purchases of property or effects sold
under this act.

Sec. 22. Be it further enacted. That nothing in this act shall be
construed to destroy or impair the lien or other rights of any creditor,
a citizen or resident of either of the Confederate States, or of any
other person, a citizen or resident of any country, State, or Territory
with which this Confederacy is in friendship, and wliich person is not
in actual hostility to this Confederacy. And any lien or debt claimed
against any alien enemy, within the meaning of this act, shall be
propounded and filed in the court in which the proceedings of seques-
tration are had within twelve months from the institution of such
proceedings for sequestration ; and the court shall cause all proper
parties to be made and notices to be given, and shall hear and deter-
mine the respective rights of all parties concerned: Provided, how-
ever, That no sales or payments over of money shall be delayed for
or by reason of such rights or proceedings; but any money realized
by tlie receiver, whether paid into the court or Treasury, or still in
the receiver's hands, shall stand in lieu of that which produced said
money, and be held to answer the demands of the creditors aforesaid,
in the same manner as that which produced such money was. And
all claims not propounded and filed as aforesaid, within twelve
months as aforesaid, shall cease to exist against the estate, property,
or effects sequestrated, or the i)roceeds thereof.

Approved August 30, ISOl.

CONFEDERATE AUTHORITIES. 593

AN ACT to perpetuate testimony in cases of slaves abducted or harbored by the
enemy, and of other property seized, wasted, or destroyed by them.

The Congress of the Confederate States of America do enact, That
when any slave or slaves owned by a citizen of the Confederate States,
or an inhabitant thereof, shall be, or may have been, abducted or har-
bored by the enemy, or by any person or persons acting under the
authority or color of authority of the United States Government, or
engaged in the military or naval service thereof during the existing
war, it shall be lawful for the owner or his attornej' to appear before
anj- judge of the Confederate States, or a commissioner of any court
thereof, or any notary public, or in case of there being no such ofi&cer
within the county, city, or corporation where the proceedings are insti-
tuted, before any justice of the peace or alderman consenting to act in
the premises, and adduce proof, oral or written, of the fact of such
ownership and abduction or harboring. If the owner of such slave or
slaves is laboring under the legal disability of infancy, insanity, or
coverture, the evidence tending to establish such ownership and abduc-
tion or harboring may be adduced by the proper legal representative
of the owner. In all cases such owner, attorney, or representative
shall make affidavit 'of the loss. Such affidavit shall not be taken as
evidence of the fact of loss unless it shall appear to the satisfaction of
the officer taking the same that no other and better evidence can be
obtained, which fact shall distinctly appear in the certificate of such
officer; and it shall be the duty of the judicial officer taking cognizance
of the case to reduce to writing the oral evidence, and to retain the
written evidence in support of the alleged ownership and loss, and
within thirty days after the hearing to transmit the same to the Sec-
retary of State of the Confederate States, to be filed and preserved
among the archives of the State Department, accompanied by a cer-
tificate from the said judicial officer authenticating the report so made
by him. And the said judicial officer shall also state in his certificate
of authentication whether, in his opinion, the evidence so heard and
transmitted is or is not entitled to credit. It shall be the duty of the
Secretary of State to receive and file in his Department the report so
transmitted, and to furnish to the owners, attorney, or representative
a duly certified copy thereof, whenever the same shall be demanded.

Sec. 2. And be it further enacted, That whenever any property
other than slaves, real or personal, belonging to any citizen of the
Confederate States, or any inhabitant thereof, shall be seized, wasted,
or destroyed by the enemy during the existing war, or by any person
or persons acting under the authority or color of authprity of the
United States Government, or engaged in the military or naval service
thereof, the mode of taking and preserving proof thereof shall con-
form in all respects to that prescribed in the above section, and have
like effect.

Sec. 3. And be it further enacted, That the provisions of this act
shall not be construed as implying that the Confederate States are in
any way liable to make compensation for any of the property to which
it refers.

Approved August 30, 1861.

38 R K— SERIES IV, VOL I

594 correspondence, etc.

Confederate States of America, War Department,

Richmond, Aug^ist SO, 1861.
John Fraser & Co.,

Charleston, S. C. :
Gentlemen: I have made an additional requisition in your favor
for $248,333.33, which j^ou will please remit without delay through the
usual channel to Maj. E. C. Anderson and Capt. Caleb Huse, the
agents of this Government at London, accompanied by the inclosed
letter.

Very respectfully,

L. P. WALKER,
Secretary of War.

[Incloeure,]

Confederate States of America, War Department,

Richmond, August 30, 18H1.
Ma.j. Edw^ard C. Anderson and
Capt. Caleb Huse,

London :
Gentlemen: On the 17th day of August a remittance through the
usual channel was made to you by this Department in the sum of
$248,333.33, for the purposes of your mission. Since then a letter
from Captain Huse, dated Paris, July 22, 1861, addressed to Major
Gorgas has been received, and I now remit to you an additional sum
of $248,333.33, so that your operations may be enlarged and prose-
cuted with vigor. This Department wishes you to consider your
original instructions as no longer binding in their strict sense, but
empowers you to construe them liberally in the line of the objects to
be attained. To meet the large forces our enemy is endeavoring to
hurl against us we must have additional arms before supplies can be
obtained from our own factories, just going into operation. If you
cannot do better, you had better procure and forward without delay
the flint muskets mentioned by Captain Huse, with flints and ammu-
nition for the same. Operate with a free and sure hand to meet our
pressing needs, and ship safely, and consider your credit extended to
the full of this demand. It is useless to say more, this Department
having already explained to you its existing necessities and placing
implicit confidence in your fidelity and zeal.
Yorv respectfully,

L. P. WALKER,
Secretary of War.

AN ACT to authorize the appointment from civil lite of persons to the staffs of

generals.

The Congress of the Confederate States of America do enact. That
the President may, in his discretion, upon the application and
recommendation of a general of the Confederate States Army, appoint
from civil life persons to the staff authorized by law of such officer,
who shall have the same rank and pay as if appointed from the Army
of the Confederate States.

Approved August 31, 1861.

AN ACT providing for the appointment of adjutants of regiments and legions,
of the grade of subaltern, in addition to the subalterns attached to companies.

The Congress of the Confederate States of America do enact, That
tlie adjutants of regiments and legions may be appointed lay the

CONFEDERATE AUTHORITIES. 595

President upon the recommendation of the colonel thereof, of the
grade of subaltern, in addition to the subaltern officers attached to
companies, and said adjutants, when so appointed, shall have the
same rank, pay, and allowances as are provided by law to adjutants
of regiments.
Approved August 31, 18(31.

AN ACT providing for the reception and forwarding of articles sent to the Army

by private contribution.

The Congress of the Confederate States of America do enact, That
the Secretary of War be authorized and required to make all necessary
arrangements for the reception and forwarding of clothes, shoes,
blankets, and other articles of necessity that may be sent to the Army
by private contribution.

Approved August 31, 1861.

AN ACT to allow rations to chaplains in the Army.

The Congress of the Confederate States of America do enact, That
chaplains in the Army be, and they are hereby, allowed the same rations
as privates.

Approved August 31, 18G1.

AN ACT to reimburse the State of Florida.

Whereas, the State of Florida has made large oiitlays of money in
the arming, equipping, and maintaining troops for the service of the
Confederate States and in the construction of sea-coast defenses,
whereby the State of Florida has exhausted her treasury and has great
need of money to carry on her military operations : Therefore,

TJie Congress of the Confederate States of America do enact.
That the Secretary of the Treasury is hereby directed to issue to the
State of Florida, upon the application of the Governor of said State,
§300,000 in Treasury notes: Provided, That the said State deposit
with the Secretary' of the Treasury of the Confederate States an equal
sum in the bonds of the State of Florida, authorized to be issued under
an ordinance of the convention of said State, which bonds shall be
held by the Secretary of the Treasury until the account of the State of
Florida, for advances made for military purposes, is adjusted as Con-
gress may direct.

Approved August 31, 1861.

A RESOLUTION in relation to drill-masters appointed by States.

Whereas, under the authority of some of tiio States drill-masters
were attached to various regiments; and

Whereas, such oflBcers are not recognized by the laws of Ihe Confed-
erate States, and consequently were not mustered into service ; and

Whereas, several of such drill-masters liave nevertheless continued
to do effective service, voluntarily, with their respective regiments:
Therefore,

Resolved, That such drill-mastei's bo granted au honorable discharge
whenever they shall apply therefor.

Approved August 31, 1861.

596 CORRESPONDENCE, ETC.

RESOLUTIONS to provide troops in the field with bread and fresh provisions.

Resolved by the Congress of the Confederate States of America,
That the Secretary of War be, and he is hereby, directed to furnish to
such of our troops in the field as desire it, upon requisition made and
whenever practicable, in lieu of the usual ration of flour, an equivalent
of well-baked bread ; to this end he is authorized to establish baker-
ies, in such numbers and at such points as may be necessary, or to
make contracts for the supply of such bread.

Resolved, That a daily ration of fresh vegetables be furnish [ed] to
all troops whenever the same can be provided at reasonable cost and
charges to the Government.

Approved August 31, 1861.

Confederate States of America, War Department,

Richmond, August SI, 1861.
IIexry Hotze, Esq.,

Mobile, Ala.:

Sir: You are hereby authorized by this Department to proceed to
Europe and place yourself in communication with our agents in Great
Britain and France, sent to purchase arms and munitions of war.
You will bear with you the dispatches with which you are charged,
and impress upon our agents the absolute necessity existing for an
immediate supply of arms and munitions of wax. The best that are
to be had must be procured and transmitted by the routes deemed the
least hazardous and most expeditious within the scope of probable
safety. We have thousands of good and true men prepared for the
field in camps of instruction yet without arms. We could bring into
the field and maintain there with ease 500,000 men were arms and muni-
tions sufficiently abundant. The battles fought have demonstrated
the vast superiority of our soldiers and generals, and leave no room
to doubt that with equal arms the North can be conquered easier than
the South can be subjugated. Our armies could now be hovering over
the Susquehanna as readily as they are resting on the Potomac were
it not for the necessity of husbanding our resources in respect to arms
and ammunition whUst awaiting the expected supplies from Europe.
If the enemy have purchased flint muskets, we can afford to meet
them with similar weapons. It is true the improved gun is always to
be preferred, but the flint-lock musket with sound and true bands is
far better than empty hands. The instructions originally given to
our agents, it will be seen, have been much enlarged, while heavy
remittances have been made to them from time to time for the pur-
pose of accelerating the accomplishment of the objects of their
mission.

Requisitions in the sums of $50,500, $24,888.89, $333, 333. .3-3,
$248,333.33, and $250,000, amounting in all to $907,055.54, have been
drawn in their favor and transmitted through Samuel Smith, of New
Orleans, and John Eraser & Co. and Cheeseborough, of Charleston.
It is hoped that these several remittances reached their intended des-
tination, but up to the present time this Department has received no
certain information as to the fact, and it is earnestly desired that you
will lose no time in placing yourself en route, selecting the line of
passage your judgment most approves. And may God speed you

CONFEDERATE AUTHORITIES. 597

and crown yon with success, thus assurin}>: victory to our standard
and independence to our people.

I have the honor to be, very respectfully,

L. P. WALKER,

Secretary of Wrtr.

Executive Department,

Atlanta, Qa., August SI, 1861.
Hon. L. P. Walker,

Secretary of War, Richmond, Va.:
Sir: Your letter, dated the 7th instant, addressed to Governor
Brown, at Milledgeville, was received here some days ago, and while
the Governor was absent on public business. His Excellency now
directs me to state that, while doubtful of his ability to procure
anj' large quantity of the clothing needed for the soldiers during the
coming winter, he will nevertheless do all in his poAver to carry out
the views of your Department relative thereto, and will at once give
the directions to the quartermaster-general's department of this State
suggested in your letter.

Respectfully, your obedient servant,

H. H. WATERS,
Secretary Executive Department.

[September 1, 1861. — For Pickens to Walker, reporting number
of troops organized in South Carolina, their disposition, &c., see
Series I, Vol. VI, p. 268.]

By the President of the Confederate States of America:

A proclamation.

Whereas, through accident a bill to authorize the President to con-
tinue the appointments made by him in the military and naval service
during the recess of Congress or the present session, and to submit
them to Congress at its next session, failed to be delivered to the
President for his signature prior to the adjournment of Congress ; and

Whereas, the failure of said bill to become a law would cause seri-
ous inconvenience to the public service :

Now, therefore, I, Jefferson Davis, President of the Confederate
States, do issue this my proclamation, convoking the Congress of the
Confederate States for the transaction of business, at the Capitol, in
the city of Richmond, on the 3d day of September, at 12 o'clock noon
of that da3", of which all who shall at that time be entitled to act as
membere of that body are hereby required to take notice.

Given under my hand and the seal of the Confederate States, at
Richmond, this 2d day of September, A. D. 1861.

[SEAL.] JEFFERSON DAVIS.

By the President :

R. M. T. HUNTER,

Secretary of Siaie.

[September 2, 1861. — For Pickens to Walker, in relation to organ-
ization of troops in South Carolina, see Series I, Vol. VI, pp. 271, 272.]

598 CORRESPONDENCE, ETC.

AN ACT to atithorize the President to continue the aijpointments made by him in
the military and naval service during the recesses of Congress, or the last or
present session, and to submit them to Congress at its next session.

The Congress of the Confederate States of America do enact, That
the President be authorized to continue the appointments made by
him in the military and naval service during the recesses of Congress,
or during the last or present session, and to submit them to Congress
at the commencement of its next session.

Approved September 3, 1861.

Executive Department,
Mo7it(juniery, Ala., September 3, 1861.
Hon. L. P. Walker,

Secretary of War, Richmond:
Sir: Some days since the resignations of the commissioned officers
of the "Montgomery True Blues" Company — , Third Regiment of
Alabama Volunteers, were forwarded me through Colonel Lomax,
commanding the regiment, and by his recommendation were accepted
by me, and orders given to supply the vacancies by election. Under
the rule which lias prevailed the commissions of officers of any mili-
tary organization received into the Confederate service under the act
of 6th of March last "to provide for the public defense" are issued
under, and the vacancies filled bj', the State authority; and presum-
ing that the same authority which granted the commission and sup-
plied the vacancy should properly accept the resignation, I acted in
conformity with that view. I have been informed, however, that the
rule of the Department is that in such cases the resignation of the
commission derived from the State must be tendered to, and acted
upon, by the Confederate authority, and if accepted by that Govern-
ment it then devolves upon the State to supply the vacancy.

The object of the present communication is to obtain information
as to the rule of your Department upon this question. If it devolves
upon the one government to accept the resignations and the other to
fill the vacancies of course it will be necessary that the State authority
should be officially notified of the vacancy in each case.

Verv respectfully, vour obedient servant,

A. B. MOORE.

Confederate States of America, War Department,

EichTnond, September 4, 1861.

Hons. W. Porcher Miles, J. D. C. Atkins,

W. B. Preston, T. X. Waul, and A. W. Venable,

Committee of Congress:
Gentlemen: I have the honor to acknowledge the receipt of a copy
of the resolution of Congi'ess whereby you were appointed a commit-
tee "to inquire into the organization and administration of the Med-
ical, Commissary, and Quartermaster's Departments, with power to
continue said inquiry during the recess, and to report at the next ses-
sion of Congi'ess what changes in the laws and regulations relating
thereto are necessary and proper." The Department cheerfully con-
curs in the objects of your coiiiiuittee, and will bo happy to afiford

CONFEDERATE AUTHORITIES. 599

you all possible facilities within its authority for the prosecution of
your inquiries. To this end all generals and other officers command-
ing Confederate forces are hereby requested to allow you full and free
passage into and within our lines and encampments, &c., and are
furthermore requested to furnish you with all needful information or
other possible facilities in aid of your investigations. The Quarter-
master's Department is directed to furnish you with free transporta-
tion tickets to and from all the points visited by you in the discharge
of j'our commission, and all the officers of the several departments
to which your investigations are directed are instructed especially to
furnish you Avith all information Avith regard to the condition, regula-
tions, &c., of their several departments which may be deemed neces-
sary by you for the successful prosecution of your investigations.
Very respectfully,

L. P. WALKER,
Secretary of War.

Confederate States of America, War Department,

Richmond, September 4, 1861.
Hon. (;. G. Memminger,

Secretary of the Treasury :
Sir: In pursuance of the act of Congress approved August 21, 1861,
whereby it is ordered that the appropriations of $57,000,000 for the
expenses of the Avar, &c. , for the year ending February 18, 1862, "shall
be distributed among the several objects of appropriation therein
specified in sucli proportions as shall be determined hy the Secretary
of War, with the approval of the President," I have the honor to
submit the f olloAving schedule :

For Quartennaster-General's Department _ $39, aOO, 000

For Commissary-Generars Department 12, 000, 000

For Surgeon-Generars Department 1, 000, 000

For Ordnance Department. 3, 500, 000

For Engineer Department 1, 000, 000

Total 57,000,000

Verv respectfiillj',

L. P. WALKER,

Secretary of War.

[September 4, 1861. — For Rector to Walker, in relation lo organ-
ization of troops in Arkansas, see Series I, Vol. HI, p. 005.]

[September 5, 1861. — For Walker to Rector, in relation to organ-
ization of troops in Arkansas, see Series I, Vol. Ill, p. 697.]

[September O, 18C1. — For Hardee to Hindman, authorizing tlie
organization of troops in Arkansas, see Series I, Vol. LIII, p. 786.]

600 corresponl>ence, etc.

Adjutant and Inspector (iEneral's Office,

Richmond, September 6, 1861.
Hon. E. Louis Lowe,

Richmond :
Sir: I have the honor to inclose herewith appointments of captains
for the several officers named in your communication of the 3d
instant, and for the object contemplated by the act of 30th of August,
to authorize the establishment of recruiting stations for volunteers
from the States of Kentucky, Missouri, Maryland, and Delaware. In
so far as relates to the State of Maryland, as the act does not authorize
the appointment of the grade of lieutenants in advance of the organi-
zation of companies yet to be raised, the appointment of the officers
of that grade as recommended by you cannot now be made, but this
case will receive due consideration at the proper time. Two points
have been suggested for assembling the recruits after they shall pass
beyond the State of Maryland, viz, one at or near Fredericksburg, for
such as may cross the Potomac at or near Mathias Point, and the
other at Winchester, for those who may approach by the Upper
Potomac. The commanding officers at these points will be instructed
to make suitable arrangements at each to carry out the provisions of
the law in respect to clothing and rations to the recruits until they
shall be dulj' organized into companies. Other places of assembly
may hereafter suggest themselves according to circumstances and the
success which may attend the recruiting.
I am, sir, respectfully, &c.,

S. COOPER,
Adjutant and Inspector General.

[September 8 and 0, 1861. — For correspondence between Walker
and Brown, in relation to troops for defense of the Georgia coast, see
Series I, Yol. YI, p. 274.]

Richmond, Va., Septemher 9, 1861.
Hon. L. P. Walker,

Secretary of War:
My Dear Sir: When in connection with the manifostaiion by the
Congress of a want of confidence in the administi-ation of affairs of
the War Department I asked you if you would like to go to Europe,
you expressed so decided a purpose to retire from this Cabinet, but
so positive a reluctance to the proposed change of service, tliat it is
considered needless to recur to that proposition. I write now to
inquire whether there is any other position to which I could Jissign
you that Avould be entirely acceptable. The personal regard I feel
for you, and my desire to promote your welfare and happiness, is, I
hope, too well appreciated by j'ou to permit a misconstruction of this
oifer. To sever the relation which has so closely united us is so
repugnant to my sentiment that only the conviction of a public
necessity, which I have unsuccessfully striven to avert, could have
reconciled me to the separation.

Very respectfully and truly, yours,

JEFF'N DAVIS.

confederate authorities. 601

Confederate States of America, War Department, .

Richmond, September 9, JS61.
Col. A. C. Myers,

Quartermaster- General :
Sir: An act was passed by the Confederate Congress at its last
session providing that the Secretary of War be authorized and
required to make all necessary arrangements for the reception and
forwarding of clothes, shoes, blankets, and other articles of necessity
that may be sent to the Army by private contribution. Your atten-
tion is hereby specially invited to this law, with the request that you
furnish the Department with such suggestions in regard to the arrange-
ments referred to as will enable you to carry into effect the wishes
and design of Congress.

Very respectfully,

L. P. WALKER,

Secretary of War.

Executive Department,

September 0, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: I regret to be under the necessity of troubling you with this
communication, but duty to those who have been in the service from
the commencement of the war to the present time imperatively
demands it. There may be good reasons for the course that has been
adopted, and my object is to ascertain what those reasons are. First,
in our State military organization, before the convention with the
Confederate Government was ratified by Congress, surgeons and
assistant surgeons were appointed for the regiments then formed.
These appointments were made in the following manner, viz : Doctor
Gibson, whom I had appointed surgeon-general for the State, being
much more familiar with the qualifications of the medical men, was
required to furnish the names of the most competent that could be
found. The list thus presented by Dr. Gibson was by me laid before
the council, and in almost every instance the nominations were unan-
imously confirmed. These officers, thus appointed, and representing
the best medical talent in our State, have been continuously in serv-
ice from the time of their selection to the present day, and I have
yet to hear the first complaint of incompetency, iinfaithfulness, or
inattention on their part. They were paid by the State up to the 1st
of July last. Several of them, who are even now in Service, have
recently applied for their pay, when, to their surprise, they have been
informed that, they were not recognized by the Confederate Govern-
ment, and compensation for their services since the 1st of July has
been denied them. These matters have been brought to my attention
recently. The control of the Confederate Government over this class
of officers has been admitted by me since the transfer by my proclama-
tion dated June 6, 1861. In reference to the classes of officers referred
to in this communication I used the following language:

I do further order that all officers of the Virginia service now on duty in any
of the departments of the staff continue to discharge their respective functions
undei the direction and control of the President until otherwise ordered.

When the Virginia regiments, organized anterior to the issue of this
proclamation, were turned over to the Confederate authorities, I sup-
posed the organization would be respected, unless there should exist

602 CORRESPONDENCE, ETC.

some reason for dismissing tlie officers attached to this branch of the
service. The number of officers prescribed by law wei-e assigned to
each regiment, and if from any cause their services were dispensed
with I surely had a right to expect, and thej'^ had an equal right to
expect, that they would have received notification and would have
been regularly discharged. But instead of this they have been
allowed to remain in the performance of their duties for nearly three
months, and it is not until they ask for their pay that they are given
to understand that they have not been in the service of the Confed-
erate Government.

There are reasons why I, as the Executive of the State, feeling the
deepest interest in the preservation of the health and the promotion
of the comfort of the Virginia Volunteers, should desire that our sol-
diers should be attended by medical men selected from our midst.
Our physicians are familiar with the diseases that prevail in our State,
and their experience enables them to apply the proper remedies.
Thej' know what diseases are most prevalent in this climate, and
knowing the approved mode of treatment they are the better prepared
to give relief. It is utterly impossible for physicians who have never
practiced their profession here to know enough of the diseases and
mode of treatment to apply promptlj^ and judiciously the proper rem-
edies. Such physicians when they come here must learn, and while
learning their patients are dropping one by one into the grave. I am
not to be understood as disparaging or underrating the intellect or
the acquirements of those to whom I refer in these remarks. I doubt
not they are equal in these respects to th^ medical men of any other
portion of the country, but in this, as in all other professions, it is
"practice alone that makes perfect."

The same course, I am informed, has been pursued toward the
quartermasters and commissaries. You will observe from the terms
of the proclamation that these officers were to " continue to discharge
their respective functions under the direction and control of the
President until otherwise ordered." They have continued to dis-
charge them, are discharging them now, and no orders dispensing
with their services have been Issued to them. I understand their
requisitions for medical supplies have been duly honored, as I am
informed, since the transfer of the 6th of June last. If they are not
needed, and are to receive no compensation for their services if they
remain, then I beg leave respectfully to suggest that an order dis-
charging them should be issued by your Department.
I am, truly,

JOHN LETCHER.

Richmond, Va., September 10, 1861.
The President :

Sir: For reasons unofficially communicated I most respectfully
tender to you my resignation as Secretary of War, to take effect on the
16th instant. In doing so I beg to assure you not only of my undimin-
ished personal regard, but increased confidence in your abilities as a
statesman. As the first Chief Magistrate -of the Confederate States,
your position has been one of great trial and enduring fortitude, and
I have been a daily witness of the singular power by which j'^ou have
brought order out of chaos and placed your Administration on the
solid basis of acknowledged success and the popular heart. May the

CONFEDERATE AUTHORITIES. 603

Almighty Ruler, whose providence has so signally blessed onf cause,
cover you with tlie hollow of His liand and preserve your life for the
sake of the country.

Very respectfully, your obedient servant,

L. P. WALKER.

Richmond, Va., Septemlwr 10, ISGI.
The President:

My Dear Sir: Your note of j^esterdaj^'s date was only received
to-night. I think that I properlj'^ appreciate the spirit in which it was
written, as I certainly do the expressions of your personal regard. In
withdrawing from your Cabinet I can, I feel assured, without any
impeachment of my motives, say to 5'ou in writing what I have often
said of you, that you were tlie only man I had ever met whose great-
ness grew upon me the nearer I approaclied him, and whose rare
fidelity to i)rinciple often wounded when he most preferred to oblige.
This is a great compliment, I admit, but now that we are about to
part I choose to say it.

You ask me if there is any position to which you could assign me
which would be entirely acceptable to me. I will not conceal from you
my intention to become a candidate for the Senate in the event Clay
does not desire it, and I understand from his brother that he does not.
My belief is tliat I shall be easily elected. There will be, however, no
doubt much criticism on my resignation, and some position meanwhile
would be agreeable to me. I informed you tlie other day that I did
not Avisii to go to Europe, and therefore a military position is the only
one to which I could be assigned. Am I passing without the limits of
your generous offer in asking to be put in command of tlie defenses
of Mobile? I know I have energy, and I believe that my appointment
would soon be entirely acceptable to thai, people.
I am, dear sir, verv trulv. Your friend,

L. P. WALKER.

[September 10, 1801. — For Walker to Pickens, in relation to organ-
ization of troops in South Carolina, see Series I, Vol. VI, p. 275.]

[September 10, 18G1. — For Cooper to A. S. Johnston, authorizing
the reception of troops from Missouri and Kentucky, see Series I, Vol.
IV, p. 405.]

Confederate States of America, War Department,

RicJimond, September 11, 1861.

Lieut. Col. A. C. Myers,

Acting Quartermaster-General :

Sir: Many articles intended for the health and comfort of our sol-
diers are hourly arriving in the city of Richmond. These articles
consist for the most part of clothing. Arrangements should be made
at once for their transportation to their proper destination, to be paid
by this Department, and you are herebj- ordered to perfect that arrange-
ment at the earliest practicable moment, and issue your orders accord-
ingly, so 1 hat no further delay in the reception of the articles mentioned

604 CORRESPONDENCE, ETC.

shall bff experienced on the part of those for whom they are intended,
and that no delay hereafter shall occur in the transportation of similar
articles arriving in Richmond, if possible to be avoided.
Respectfully,

L. P. WALKER,
Secretary of War.

Raleigh, Sepiemher 11, 1861.
L. P. Walker,

Secretary of War:
A resolution of our Legislature now in session directs me to inquire
of you what provision has been made for the clothing of our troops,
and if our State can assist by receiving the commutation and provid-
ing clothes, or any other way. I write by telegraph becau.se an
answer is needed soon. Tlie Legislature will adjourn on Monday next.

HENRY T. CLARK.

Richmond, September 11, 1861.
Governor Heney T. Clabk,

Raleigh, N. C:
The Department is making every effort possible to clothe the
troops. I have also solicited the aid of the Governors of the different
States, and any clothing transferred by the States to "the Confederate
Government WQuld of course be paid for.

L. P. WALKER.

Confederate States of America, War Department,

Richmond, September 11, 1861.
His Excellency John Letcher,

Governor of Virginia:

Sir: Your Excellency's communication of the 9th instant has been
duly considered, and it is not at all surprising you should evince so
deep an interest in the appointments made by you in the service of
Virginia and affected by the transfer executed by the authorities of
that State to the Confederate States; but you will pardon me for say-
ing that the action of this Department in relation to these appoint-
ments has not been precisely that understood by you. So far as it has
been possible to do, the State appointments of staff officers have been
regarded and confirmed. In the exercise of the authority with
which this Department is invested by law over the staff of the Army,
it has generally deferred to the wishes of the regiment to be espe-
cially affected by an appointment, when expressed, unless strong
objections to the appointment were known to exist. This rule has
been acted upon, not only with regard to surgeons, but also in the
case of quartermasters and commissaries. Whenever either of these
classes of ofi&cers, commissioned by Your Excellency, have been
reported acceptable to the regiments concerned, they have been con-
firmed in their commissions, and this rule will continue to be the pol-
icy of this Department until no additional staff appointments are
needed for the service.

Many of the regiments are slow in sending forward their recom-
mendations, and this fact, in all probability, will serve to explain the

CONFEDERATE AUTHORITIES. 605

reason whjr some of the State appointees have been refused pay.
They could not be paid, of course, unless in the service of the Con-
federate Government, evidenced by its commission. It is true those
commissioned by the Confederate Government, 'inder the sanction of
that commission, would be paid for services rendered while holding
the State commission, as the first would carry with it a recognition
of the last. So far as is remembered nearly the whole number of
surgeons, quartermasters, and commissaries made by Your Excel-
lency proved so unexceptionable that they were accepted and con-
firmed in their commissions; only a very few of them were rejected,
for special and sufficient reasons. Your Excellency may rest assured
that this Department has every disposition so to shape its action as to
harmonize, if possible, most cordially with that of the State authori-
ties of Virginia; and if Your Excellency has suffered any different
idea to prevail in respect to this business it is deeply to be regretted.
I have the honor to remain, with high regard, your obedient
servant,

L. P. WALKER,
Secretary of War.

Headquarters,
Manassas, September 12, 1861.
[President Jefferson Davis:]

Sir: I have had the honor to receive through the War Department
a copy of the proceedings of Congress on the 31st of August, 1861,
confirming the nominations made by the President of the Confederate
States of five generals of the Confederate Army, and fixing their rela-
tive rank. I will not affect to disguise the surprise and mortification
produced in my mind by the action taken in this matter by the Presi-
dent and by Congress. I beg to state further, with the most pro-
found respect for both branches of the Government, that I am deeply
impressed with the conviction that these proceedings are in violation
of my rights as an officer, of the plighted faith of the Confederacy, and
of the Constitution and laws of the land. Such being my views, lest
my silence should be deemed significant of acquiescence, it is a duty
as well as a right on my part at once to enter my earnest protest
against the wrong which I conceive has been done me. I now and
here declare my claim, that notwithstanding these nominations by the
President and their confirmation by Congress, I still rightfully hold
the rank of fiist general in the Armies of the Southern Confederacy.
I will proceed brifly to state the grounds upon which I rest this claim.
The act of the Confederate Congress of the 6th day of March, 1861, sec-
tion 8, amended by that of March 14, 1861, section 2, creates the
grade of brigadier-general as the highest rank in their service, and
provides that there shall be five officers of that grade. The fifth
section of the last-named act enacts —

That in all cases of officers who have resig^ned, or who may within six months
tender their resignations from the Army of the United States, and who have been
or may be apiwinted to original vacancies in the Army of the Confederate States,
the commission issued shall bear one and the same date, so that the relative rank
of officers of each grade shall be determined by their former commissions in the
U. S. Army, held anterior to the secession of these Confederate States from the
United States.

Under these laws, about the 13th of May, 1861, R. E. Lee and myself
were nominated as brigadier-generals in the C. S. Army. Samuel

606 CORRESPONDENCE, ETC.

Cooper had been nominated to the same grade and confirmed a few
weeks previously. The nominations of mj'self and R. E. Lee were
confirmed by Congress promptly. Each of the three had resigned his
commission in the U. S. Army in accordance with the terms of the
law. The other two liad resigned colonelcies, but the commission
which I had resigned was that of a brigadier-general. It is plain,
then, that under these laws I was the officer first in rank in the Con-
federate Army. Two or three days after, on the 16th of May, Con-
gress, by the second section of its act of that date, enacted —

That the five general officers provided by existing laws for the Confederate
States shall have the rank and denomination of "general " instead of " brigadier-
general," which shall be the highest military grade known to the Confederate
States. They shall be assigned to such commands and duties as the President
may specially direct, and shall be entitled to the same pay, &c.

I conceive, and I submit it to the careful consideration of the Gov-
ernment, that this section of the act last cited operated in two ways.
First. It abolished the grade of brigadier-general in the Confederate
Army. Second. It at once by the mere force of the law raised the
three officers already named to the rank and denomination of " gen-
eral" in the Army of the Confederate States. The right, therefore,
which I claim to my rank is founded on this act. Congress by its
act, the President by his approval of it, at once made us generals. It
is clear that such Avas likewise the construction of both branches of
the Government. Else why were not nominations made then? It
was a time of flagrant war. Either we were generals, or the Army
and the country were left without such officers. Our former grade
had been abolished. We were not brigadier-generals. If not gen-
erals, we were nothing, and could perform no military duties, exer-
cise no command. I think it clear that I was a general by the plain
terms of the law. It is plain from the action of the President and
Congress that such was their .construction, as I was at once ordered
to Harper's Ferry to take the command in the Valley of Virginia,
and the President soon after placed three brigadier-generals under
my orders. I remained two months in the Valley, too earnestly
engaged in the public service to busy myself with my own personal
interests. But when the emergencies of the campaign required me
to march to Manassas, and to act with another general, I appreci-
ated the importance and the indispensable necessity of not leaving
the question of rank open between us. With this view I trans-
mitted a telegraphic dispatch to the President on the 20th of July,
inquiring in the simplest and most direct terms what my rank was.
He replied that I was a general.* The battle of Manassas Plains
ensued on the next day. The President came in person to participate
in it, but reached the scene of action soon after the close of the strug-
gle. The morning after the battle he announced his purpose to ele-
vate General Beauregard to the rank of general. He returned to
Richmond on the ensuing day. The nomination was made immedi-
ately on his return, and was promptly confirmed by Congress. General
Beauregard then became a general, and ranked me unless I was such
by virtue of the act of Congress on the 16th of May already referred
to. Yet from the time of General Beauregard's appointment to
the day of the renewed nomination I continued to act as the com-
manding general of the Army of the Potomac under the authority of
the President and of the Department of War. Thus it appears that
I have the sanction of the President to mv claim of rank under the

*See Series I, Vol. II, p. 985.

CONFEDERATE AUTHORITIES. 607

act of Congress. In addition to this, my rank was expressly recog-
nized by Congress also, in the resolutions adopted by that body
returning the thanks of Congress to General Johnston, to General
Beauregard, and to the officers of the Army for the victory of Manas-
sas.* Thus matters stood when the recent nominations were made.
But one additional name was offered, that of A. S. Johnston. His com-
mission in the Army of the United States had been that of colonel.
I, as resigning the higher rank in that Army, was, by the provisions
of the act of Congress of the 14th of March, 1861, and the plighted
faith of the Government of the Confederate States, the general first
in rank in their armies. By that act and that of May 16, 1861, the
rank would stand thus: J. E. Johnston, S. Cooper, A. S. Johnston,
R. E. Lee, G. T. Beauregard. I held and I claim to hold my rank as
general under the act of Maj' 16, 1861. I was a general thenceforth
or never. I had the full authority of the constitutional Government
of the Confederate States to sustain me. Heretofore those who dis-
puted my authority as general have done so because they denied the
existence of the Government whose officer I claimed to be. Now that
Government joins the hostile power in denying my authority. When
I sent back the missives of the Government of the United States,
becaiise they ignored the Government which I served and acknowl-
edged, I little thought that one of the acts of that Government would
be to ignore me as its officer by trampling upon its own solemn legis-
lative and executive action. I was a general from and after the 16th
day of May, 1861. The nomination seeks to annul the irrevocable
past, and to make me such only from the 4th day of July. The pres-
ent and, so far as human legislation may operate, the future may be
controlled by Congress.

Human power cannot affect the past. Congress may vacate my
commission and reduce me to the ranks. It cannot make it true that
I was not a general before the 4th day of July, 1861. The effect of
the course pursued is this : It transfers me from the position of first
in rank to that of fourth. The relative rank of the others amongst
themselves is unaltered. It is plain, then, that this is a blow aimed
at me only. It reduces my rank in the grade I hold. This has never
been done heretofore in the regular service in America but by the
sentence of a court-martial, as a punishment and a disgrace for some
military offense. It seeks to tarnish my fair fame as a soldier and a
man, earned by more than thirty years of laborious and perilous
service. I had but this, the scars of many wounds, all honestly taken
in my front and in the front of battle, and my father's Revolutionary
sword. It was delivered to me from his venerated haind, without a
stain of dishonor. Its blade is still unblemished as when it passed
from his hand to mine. I drew it in this war, not for rank or fame,
but to defend the sacred soil, the homes and hearths, the women and
children; aye, and the men of my mother Virginia, my native South.
It may hereafter be the sword of a general leading armies, or of a pri-
vate volunteer, but while I Uve and have an arm to wield it it shall
never be sheathed until the freedom, independence, and full rights of
the South are achieved. When that is done it may well be a matter
of small concern to the Government, to Congress, or to the country
what my rank or lot may be. I shall be satisfied if my country
stands among the powers of the world free, powerful, and victorious,
and that I, a general, a lieutenant, or a volunteer soldier, have borne

* See Series I, Vol. LI, Part II, p. 215.

608 COKRESPONDENCE, ETC.

my part in the glorious strife and contributed to the final blessed con-
summation. What has the aspect of a studied indignity offered me?
My noble associate in the battle has his preferment connected with
the victory won bj"^ our common toils and dangers. His commission
bears the date of the 21st of July, but care seems to be taken to
excliide the idea that I had any part in winning our triumph. My
commission is made to bear such a date that my once inferiors in the
service of the United States and the Confederate States shall be above
me; but it must not be dated as of the 21st of July, nor be suggestive
of the victory of Manassas. I return to my first position. I repeat,
my right to my rank as general is established by the act of Congress
of the 14th of March, 1861, and the 16th of May, 1861, and not by the
nomination and confirmation of the 31st of August, 1861. To deprive
me of that rank it was necessary for Congress to repeal those laws.
That coiild be done by express legislative act alone. It was not done,
it could not be done by a mere vote in secret session upon a list of
nominations. If the action against which I have protested be legal,
it is not for me to question the expediency of degrading oue who has
served laboriously from the commencement of the war on this fron-
tier and borne a prominent part in the only great event of that war,
for the benefit of persons neither of whom has yet struck a blow for
this Confederacy.

Your obedient servant,

J. E. JOHNSTON,

General.

Confederate States of America, War Department,

Richmond, Sejjtember 12, 1861.

His Excellency A. B. Moore,

Governor of Alabama:

Snt: It gives me great pleasure to acknowledge your communica-
tion of the 3d of September and to answer j'^our inquiries. The proper
construction of the act of March 6, 1861, to provide for the public
defense, relating to the volunteer and militia service under Confed-
erate authority, has necessarily exercised this Department to no lim-
ited extent, and in reaching my conclusions in regard to its different
parts I have not at all times relied upon my own judgment, biit have
freely consulted with the Attorney-General of the Government.

First. With regard to the election of officers originally and the fill-
ing of vacancies among officers afterward in the volunteer and mili-
tia troops accepted and mustered into the Confederate service, the
decision of this Department is that all such vacancies, whether origi-
nal or occurring through death or resignation, after the troops have
been mustered into service, must be filled by election — if a company
officer, by the company; and if a field ofiicer, by the battalion or regi-
ment— and for the reason that whether said troops are called out for
the mere purpose of Stat© defense or for that of Confederate serv-
ice, and though styled volunteers, they are but a part of the militia of
the States, having the right, under the laws of all the States, to elect
their officers, which laws are guaranteed by the Constitution of the
Confederate Government. All such troops come to this Government
through State intervention, whether volunteering or drafted under
requisitions made by Confederate authority, and the laws of the States
must obtain with regard to them in the respect mentioned. It is only

CONFEDERATE AUTHORITIES. 609

where troops volunteer their services direct to the Confederate author-
ities without State intervention that the rule under the decision men-
tioned becomes modified ; and even in this case company officers are
elected according to State law, leaving only field officers to be appointed
by this Government. The line of demarkation is drawn in reference
to the question as to whether the State intervenes or has not been rec-
ognized. The modification of the general principle on which this
Department has acted grows out of the amendatory acts of Congress,
passed during its second session, giving to the President the discre-
tionary power of receiving volunteer tenders direct, without the inter-
vention of State Executives.

Second. After volunteers have been mustered into service their offi-
cers should resign both to the Confederate and State authorities — to
the first, because they have passed under its authority and receive its
pay and are in its service ; to the second, because the commissions of
all volunteer officers belonging to corps tendered through State author-
ities emanate from the State Executives. It is necessary for the first
to know the fact that an officer has resigned in order to accept the
resignation, and the resignation must have been accepted before the
State Executive can issue a commission to supply the vacancy. As
the law stands it is required that information as to resignations should
be imparted simultaneously to the State government and the Confed-
erate Government. A vacancy existing, the election is called to fill it
as the law of the particular State affected shall require, and the elec-
tion is conducted and its returns made according to that law, but it
is necessar}'^ that returns shall not only be made to the State authori-
ties, but to the Confederate authorities, as the newly selected officer
has to be paid by the Confederate Government, being in their service ;
and how could it be known to whom payment was to be made if the
person was not designated to whom payment should be due ?

This Department has recently endeavored to avoid all encroach-
ments upon the rights and authority of the States in respect to the
volunteers in its service, claiming to exercise over them no power
other than that plainly imparted by the Constitution and the laws in
obedience to that great charter.

I have the honor to remain. Your Excellency's obedient servant,

L. P. WALKER,
Secretary of War.

Executive Department,

September- 13, 1861.
Hon. L. P. Walker,

Secretary of War:
Sir: 1 have the honor to acknowledge the receipt of your commu-
nication of the 11th instant, received last evening. I must protest
against the position which you assign me. The surgeons and assist-
ant surgeons, the quartermasters and commissaries, appointed prior
to the transfer of the 6th of June last, were appointed under the
requirements of the laws and ordinances of the State. Those laws
and ordinances vested the power of appointment in the Executive.
You inform me that " so far as possible to do the State appointments
of staif officers have been regarded and confirmed." You then pro-
ceed to saj' that your Department "has generally deferred to the
wishes of the regiment to be specially affected by an appointment,
when expressed, unless strong objections to the appointment were
30 R R — SERIES IV, VOL I

610 CORRESPONDENCE, ETC.

known to exist." How the wishes of the regiment are to be ascer-
tained, whether by the representations of the field officers or by the
votes of all constituting the regiment, I am at a loss to understand. If
in the former mode, then we have the strange anomaly of the
appointees of the Executive determining whether the appointees for
staff appointments shall be confirmed or rejected. In other words,
Executive appointments are to be reviewed by Exeeiitive appointees,
who are constituted a court to hear, try, and determine whether
Executive acts shall be confirmed. Such is the conclusion to which
your language irresistibly leads. Again you say, "Many of the regi-
ments are slow in sending forward their recommendations." Has an
order issued from your Department notifying the regiments that
recommendations of surgeons and assistant surgeons, chaplains,
quartermasters, and commissaries were required of them ? And if so,
to what regiments was the order sent, and when was it sent? If no
such order was sent it is not surprising that "the regiments are slow
in sending forward their recommendations." "It is true, those com-
missioned by the Confederate Government, under the sanction of that
commission, would be paid for services rendered while holding the
State commission, as the first would carry with it a recognition of the
last." This is right, but it stops short of the point of difficulty. There
are many who have not yet been commissioned by the Confederate
Government, and who have been and are still rendering service in
the positions to which they have been legally assigned. Suppose it
shall be decided ultimately that they are not to be commissioned, are
they to receive no compensation for the time they have been in serv-
ice since the 1st of July last? This would not be just, as the highest
authority teaches that "the laborer is worthy of his hire." In the
same connection you say, " So far as is remembered, nearly the whole
number of surgeons, quartermasters, and commissaries made by Your
Excellency proved so unexceptionable that they were accepted and
confirmed in their commissions; only a very few of them were
rejected, for special and sufficient reasons." The Department having
stated that my appointments have "proved so unexceptionable," I
cannot understand why you should await recommendations from the
regiments before you confirm them. Those that have been suspended
since the 6th of June could be confirmed without further delay. I
have not a word to urge in behalf of those who have been rejected "for
special and sufficient reasons." You have an undoubted right to
determine what reasons are sufficient, and I have no disposition to
interfere with your judgment or your acts in this matter so manifestly
under your control and admitted in my proclamation to be so. I have
nothing to offer in behalf of those who have been rejected by your
Department. The interest I feel is for those who have neither been
confirmed nor rejected, but have been continuously in service, are
still in service, and will remain in service from patriotic consider-
ations until discharged by a legal and proper order from your Depart-
ment. I desire harmony — cordial harmony — and unity of action
between the Confederate and State authorities. I think the record
will demonstrate that I have on every occasion manifested a proper
spirit, and have contributed freely and promptly all the means under
my control to the common defense. In my action I have looked not
only to Virginia, but to all the States who are united with us in the
struggle in which we are now engaged. In the disposition of the arms,
munitions of war, the machinerj', and other property of the State
which was under my control I have been generous in their use for

CONFEDERATE AUTHORITIES. 611

the advancement of the common cause. My future action will be in
strict accordance with the principles which have influenced me here-
tofore.

I am, truly, JOHN LETCHEK.

Richmond, Va., September H, 1861.
General J. E. Johnston:

Sir: I have just received and read your letter of the 12th instant.
Its language is, as you say, unusual ; its arguments and statements
utterly one-sided, and its insinuations as unfounded as they are
unbecoming.

I am, &c., JEFF'N DAVIS.

Clifton House, Niagara Falls, Canada Side,

September U, 1861.
Mr. Joel White :

(Care of Guthrie & Co., Louisville, Ky.)
Dear Sir: I have arrived safely, as you see, in Canada, after vari-
ous annoyances, not, indeed, of the nature I apprehended, but scarcely
less important, considering how valuable time is to me. Though I
had a through ticket to Detroit, and the route on the map appears
the most direct, I found that in leaving the great thoroughfare
between East and West I had also left the route of close connections.
You can imagine how it taxed my patience to wait in Indianapolis
six hours for a train, and eight hours more in Peru, a wretched,
straggling village in the same State; but this was by no means the
worst. A few miles beyond Wabash some obstructions placed on the
track threw us off, smashing engine and half a dozen cars and tearing
up the rails for a distance of over thirty feet. The passengers were
saved only by the fact that there were nearly twenty freight cars to
bear the main brunt of this terrific catastrophe. What I most cared
for was the further detention of fourteen hours. Arriving at last in
Toledo (yesterday evening), I found that I would have to wait until
next morning for a train to Detroit. Preferring the cars to an Ohio
hotel, I changed my route, and without further accident arrived this
morning at Buffalo, whence I immediately proceeded to this side, and
here I am, tired, worried, and out of all patience, having lost all hope
of getting to Quebec in time for the steamer which sails to-day. I
am now wi-iting in full view of the Falls, but am in no humor to enjoy
them, for the loss of this whole week is a partial failure of the object
of my journey. There is a Boston steamer touching at Halifax on
Friday, but I do not think I would gain a single day by making the
long circuit necessary to take it. Under the circumstances I have
thought it needless to telegraph. You will, however, oblige me by
communicating this letter to the person I named as being kind enough
to take an interest in my movements. At the different places where
I was compelled to stop, and necessarily more or less to mix with the
people, the war was, of course, the exclusive topic. The unanimous
opinion everywhere was that the Federal forces in each encounter had
to meet heavy odds. Absolute confidence, amounting almost to indif-
ference, seemed to be entertained in the ultimate success of the Union
armies. It would be a misuse of words to call this feeling enthusiasm ;
it is rather an overweening self-conceit, or a stolid ignorance as to the

612 CORRESPONDENCE, ETC.

extent of the national danger. Upon the whole, the war has not
touched the heart of the masses nearly as much as I had expected.
I was particularly struck with the number of young men I saw loung-
ing about the bar rooms, billiard saloons, or in front of groceries at
such country places as I was compelled to stop at. The troops I saw
at depots and in cars belonged apparently to the lowest walks of life.
Where not foreigners, they seemed to be farm hands and helps. At
everj' station on the way, and at every corner in cities and villages,
huge placards held out inducements to recruits. The newspapers are
filled with appeals and complaints at the slowness of volunteers to
come forward. ' ' We need 50,000 more men for McClellan and 150,000
more for Fremont" is the refrain of every war article. The national
pulse must beat much quicker, if I am any judge, before these are
forthcoming. Arrests are made everywhere in great numbers. While
at Indianapolis I heard of seven being made the day before in the
adjoining State of Illinois. I heard also a great deal of talk about
' ' spies " and ' ' agents of Jeff. Davis," &c. , traveling through the coun-
try. On leaving Jefferson ville I had half an hour's talk about "de
rebels " with a man who came in the omnibus with me from the Gait
House at Louisville, and who seemed disposed to take the Southern
side. That may have been his opinion, but I thought he was more
intent upon sounding me than defending the rebels. The passenger
traffic East and West is almost suspended. Until I reached Toledo
there Avas scarcely ever more than one passenger-car, nor more than
twelve or fifteen travelers, and no pretension to make schedule time.
On the other hand, an immense freight going East. I counted nearly
200 freight-cars between Peru and Toledo, mostly of provisions for
the Anny.

Trulj% your friend,

HENRY HOTZE.

(Received September 14, 1861.)
Hon. L. P. Walker,

Secretary of War.
Sir : In accordance with the suggestion made by you in the inter-
view which General Morton, Judge McGehee, and myself had with
you on Saturday, I submit in writing the substance of the proposition
laid before you. The Pensacola and Georgia Railroad Company, com-
mencing at Quincy, within twenty miles of the Chattahoochee River,
runs to Lake City, where it connects with another road running to
Jacksonville, on the Saint John's. The Florida Railroad crosses the
latter tAventy miles from Jacksonville. It begins at Fernandina and
runs to Cedar Keys. There is a branch road from the Pensacola and
Georgia Railroad which leaves the latter at Tallahassee and runs to
Saint Marlv's. Thus the Pensacola and Georgia Railroad is a link in
lines of communication by means of which troops and material of war
may be transported to and from two points on the Atlantic to two
points on tlie Gulf, and to a place within twenty miles of the Chatta-
hoochee, navigable by large steamers from Columbus, Ga., to Apa-
lachicola. There is now under contract a railroad branching from the
Pensacola and Georgia Railroad and running to the Georgia line,
where it unites with a road branching from Savannah, Albany and
Gulf Railroad. When this extension of the Pensacola and Georgia
Railroad is completed it will unite tlie whole system of Florida rail-
roads with tlK)S(! of the utiicr States of the (.Confederacy, thus enabling
the (Tovcniment to transjiort men and material of war from Rich-

CONFEDERATE AUTHORITIES. 613

mond to any point of Florida without breaking bulk. Without this
connecting link to unite the Florida roads with that of Georgia, cannon
and other heavy material will have to be unloaded from the Georgia
cars and transported by wagons over roads almost impassable in win-
ter. The Pensacola and Georgia Railroad has under contract and
ready for track-laying the road from their main line to the boundary
of Georgia, but the company has not yet purchased the iron for the
road, and in the present state of trade it cannot obtain the means to
make the purchase. The iron is for sale in Savannah for cash, and
if the means to buy it could be obtained the road could be completed
in about two months. The company proposes that the Government
shall contract with them for the transportation of men and munitions
of war, provisions, &c., at a fixed rate, and that an advance be made
of the sum of 870,000 for the purchase of the iron and $15,000 for
spikes and chairs upon such contract, with the agreement that if at
the end of the war the amount of transportation paid by the company
under the contract shall not equal the sum advanced the company
repay the balance due the Government in settlement and give ample
securitj' for the performance of the contract, and that the amount
advanced shall be applied to complete the unfinished road needed to
perfect the connection with the Georgia road. Our road, when this
connection of twentj^-two miles to the Georgia lino is completed, will
embrace in its entire length, including branches, 176 miles of road in
complete order, laid with heavy iron, well supplied with rolling-stock,
and having the capacity for the transportation of freight and passen-
gers equal to any road of its length in the Confederacy, the road and
equipments being new. The distance from Savannah to No. 12 Sta-
tion, on the Savannah, Albany and Gulf Railroad, is 130^^ miles; from
Station 12 to Pensacola and Geoi-gia Railroad, 47 miles; from Pensa-
cola and Georgia Railroad, at point of connection, to Quincy, 20 miles;
from Chattahoochee River, 106 miles; from Pensacola and Georgia
Railroad to Saint Mark's, 104 miles; from Pensacola and Georgia
Railroad to Jacksonville, 78 miles; from Pensacola and Georgia Rail-
road to Fernandina, 105 miles ; from Pensacola and Georgia Railroad
to Cedar Keys, 161 miles. A map* is submitted with this communi-
cation upon which the roads are laid down for i-eference.
All of which is respectfully submitted.

PENSACOLA AND GEORGIA R. R. CO.,
ByE. HOUSTOUN,

President.

Richmond, Va., September 15, 18G1.
Hon. L. P. Walker,

Secretary of War:
Sir : Your letter of the 10th instant, tendering j'out- I'esignation of
the office of Secretary of War and fixing the 16th as the date on which
you wished to retire, was duly received. Our long and close connec-
tion during the most trying period (that of the establishment of the
Government of the Confederacy and contemporaneously the defense
of its territory against invasion) has created relations personal and
official which it is painful to sunder. In accepting the tender of your
resignation permit me to offer my sincere wish for your future welfare
and happiness, and the assurance that the confidence you have won
by untiring zeal in an ofiice of extreme labor will attend you in your

* Not found.

614 CORRESPONDENCE, ETC.

future career, which I can but expect will be honorable to you and
useful to the country. I am not surprised, connected as you have
been with the details of Army affairs, and knowing as you do the
trials to which that Army is probably yet to be exposed, that you
should desire at this time to connect yourself more actively with our
military operations, and it will give me pleasure to confer upon you
the rank of brigadier-general and to assign you to the command of
Alabama troops.

Verj' respectfully and truly, your friend,

JEFF'N DAVIS.

Richmond, Va., September 17, 1861.
The Hon. J. P. Benjamin, Attorney- General of the Confederate
States, is hereby appointed Acting Secretary of War, and is charged
with all the powers and functions appertaining to the head of the War
Department.

JEFF'N DAVIS.

Griffin, September 18, 1861.
President Davis,

Richmond :
The four regiments in the two camps of instruction are without
arms. Please order a supply to them at once from the cargo just
landed in Savannah, and order some rifled cannon for defense of
Savannah and Brunswick. Impossible to arm the regiments here.
Hope you will not fail to supply them, as the guns have been landed
in the State, and they have been mustered into the service of the Con-
federacy without arms. Please reply to Atlanta.

JOS. E. BROWN.

Adjutant and Inspector General's Office,

Charleston, S. C, September 18, 1861.
Hon. J. P. Benjamin,

Acting Secretary of War:

Sir: I avail myself of Captain Hanckel's kindness to write you in
relation to the cargo of steamer Bermuda, lately arrived in the port of
Savannah, Ga. I directed Messrs. John Fraser & Co. to send you a
complete manifest. You will see that there are some 3,000 Enfield and
German rifles. I wish to secure these arms for the regiments accepted
from this State for the war. We have at this time nine regiments in
Virginia armed and equipped from the stores of the State, and find
ourselves wanting in proper arms for the four regiments for the war
now in camps of instruction. I would be pleased to exchange, by
permitting the present efficient arms in the hands of our regiments
now in Virginia to remain in possession of the Confederate Govern-
ment after the term of service of those regiments have expired, in
place of those to be turned over from the cargo of the steamer.
Should I get your consent, I wiU direct our secretary of the treasury to
make necessary arrangements in liquidation of the State claims
against the Confederacy. The Governor being absent, I am tempora-
rily in charge of State matters.

Very respectfully, your obedient servant,

S. R. GIST,
Adjutant and Inspector General of South Carolina.

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